DEROGATION FROM FUNDAMENTAL RIGHTS FOR NATIONAL SECURITY CONSIDERATION IN NIGERIA

Abstract

Derogation from fundamental rights is often justified on grounds of national security concerns, with the net effect of limiting the enjoyment of those rights. The Constitution of the Federal Republic of Nigeria, 1999 (as altered) guarantees fundamental rights and also sets out certain derogations some of which are based on national security considerations. This paper argues that national security and fundamental rights are for the overall benefits of all persons living in the country, without one necessarily overriding the other. It evaluates the procedure provided in the Constitution to justify derogations in relation to national security and poses the question of whether derogation is an unavoidable resort to protect national security. Using doctrinal/analytical contexts, the paper extrapolates the need for government and citizens alike to demonstrate fidelity to the rule of law and its due processes. In particular, the paper advocates compliance with the constitutional requirement for legislative framework which should set out the ground upon which derogations from fundamental rights may be justified. This is an order to avoid arbitrary derogation from fundamental rights on the unsubstantiated premise of combating threats to national security.