WAR AGAINST INSURGENCY AND ABUSE OF FUNDAMENTAL RIGHTS TO PRIVACY AND FREEDOM OF MOVEMENT: ANY JUSTIFICATION?

The Constitution guarantees the rights of every Nigerian regardless of tribes, religion, etc. The courts, in recognition of this fact, have always risen in protection these rights. The breadth of these rights notwithstanding, the government has the duty of ensuring and maintaining the security of lives and properties. Thus, in certain circumstances, these rights are jettisoned in defence of national security. This article examines rights of citizens to privacy and freedom of movement in the face of the ongoing war against insurgency in some states in the North-West of the country and the justification for curtailing these basic rights. In doing this, the constitutional provisions relating to the inalienable rights of citizens to private life and free movement in any part of the country are carefully examined. The limitation imposed on the same by the Constitution as well as the judicial pronouncements are also examined. It is discovered that although the rights to privacy and freedom of movements are intrinsic to every citizen, governments do curtails them in certain identified situations. Some recommendations are also proffered in the end. [PUBLICATION ABSTRACT]