Limitations on The Rights of Citizens
To avoid anarchical situation, no citizen of a state has the privilege to do only as he pleases. In absolute terms, the liberty of a man (i.e. citizen) means the faculty of willing and the power of doing what has been willed, without influence from any other source from without (Appadorai, 1975:68).
But a moment of reflection reveals that liberty of an unlimited character as suggested in the above definitions is not possible for all and at the same time. Indeed, neither the absence nor the presence of the state structure can bring it about. As aptly explained, by the Declaration of the rights of man 1789 (cf Appadorai, 1975) the maximum freedom, that an individual can enjoy is the power to do everything that does not injure another.
Hence, the imposition of some restraints or limitations on the private political and economic liberty or freedom enjoyable or exercisable by citizens. Other limitations to the right of citizen can be outlined as follows: whilst it is generally acknowledged and permitted by law that a citizen is free to assemble or to associate with others or still belong to any political party, trade union or their associations for the realization of his best self, this freedom is subject to the power of an electoral commission with respect to the recognition or the non-recognition of a political party which a citizen may belong to.
Generally, a person elected into a legislative assembly as an independent candidate is not allowed or entitled to join a political party until and unless his tenure in such an assembly expires. Thereto, the right of the citizens to fair hearing has been trampled upon by government, especially by the military government through a number of ways. The relates to ouster clauses which forbid the law courts from entertaining maters from the citizens that affect their interests. Besides, certain decrees such as Decree Number four of 1984 permits certain officers of the state to put and keep in custody any citizen up to six months of incarceration without being able to exercise the right of seeking redress in a law court.
It is also common practice to discriminate against prospective students seeking admission into uniting schools and federal universities based on unequal scores for admission purpose. In this regard it is usual to find that candidates from certain sections of the country are expected to score higher marks vis-à-vis their counterpart from other parts of the country to secure admission into the same level of educational institution. In the same way, citizens are discriminated against in matters of promotion and employment, based purely upon the criterion of ethnic balancing and not equal accessibility, first-come-first-served or on superior performance. Furthermore, retrenchment exercises of which most government of the Nigerian federation are know, are by the day denying citizens of Nigeria the right to means of livelihood and hence decent living conditions.
Another limitation on the right of citizens to own property can be found in the land use Decree of 1978. Where the basic law permits citizens to own or hold landed property and that no property, movable or immovable should be taken over compulsorily and no right over or interests in any property should be acquired compulsorily, in any part of Nigeria, save for public purpose, in which a reasonably compensation is paid, the decree of 1978 has substantially removed the rights from the people.
Furthermore, many a politician in Nigeria are being disallowed or disqualified to stand election into public office for what the political authority of the moment describes as security reasons. And as opined elsewhere, this constitutes a great deal of abuse of governmental privileges because such persons are usually not told what they have done nor charged with any criminal offence, thus denying some important members of the political class the opportunity to contribute to national growth directly.
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