ANOTHER ANGLE TO THE LAW – LOOKING AT THE PROHIBITION OF OVERTAKING A CONVOY, THE NIGERIAN CONSTITUTION AND HUMAN RIGHTS

The Nigerian Constitution and the Universal Declaration of Human Rights (UDHR) provide essential safeguards for citizens’ liberties, protecting them from oppressive laws and regulations. The legal framework and constitutional provisions under our democratic system guarantee citizens’ rights in the context of applying rules to the prohibition of overtaking convoys as follows:*Under the Nigerian Constitution, specific provisions stipulate thus:

*1. *Section 33:* Right to life, ensuring citizens’ safety and security.

2. *Section 34:* Right to dignity of human person, protecting against degrading treatment.

3. *Section 35:* Right to personal liberty, safeguarding citizens from arbitrary detention.

4. *Section 36:* Right to fair hearing, ensuring due process and justice.

5. *Section 37:* Right to private and family life, protecting citizens’ privacy.

6. *Section 39:* Right to freedom of expression and the press.

7. *Section 40:* Right to peaceful assembly and association.

*Under the Universal Declaration of Human Rights (UDHR), specific provisions also stated in tandem with the African Charter thus:

1. *Article 3:* Right to life, liberty, and security of person.

2. *Article 5:* Freedom from torture and cruel, inhuman, or degrading treatment.

3. *Article 9:* Protection against arbitrary arrest, detention, or exile.

4. *Article 10:* Right to a fair and public hearing.

5. *Article 12:* Protection against arbitrary interference with privacy, family, home, or correspondence.

6. *Article 19:* Right to freedom of opinion and expression.

7. *Article 20:* Right to peaceful assembly and association.

*Enforcing Obnoxious Laws and Regulations:*In the context of enforcing laws like the prohibition of overtaking military convoys under the guise of national security or the impunity of the armed forces, the extant provisions serve as a safeguard and a possible means of seeking redress against arbitrary and oppressive actions, particularly where the life of a citizen is at risk, and where a tax paying and dutiful citizen is compelled to under a journey on a public road built with taxpayers money and cannot be delayed unnecessarily by a non-moving or redundant convoy in the first instance. For example:

1. *Prohibition of overtaking convoys:* While this regulation intend to ensure safety, it may be constitute an infringement on citizens’ right to freedom of movement (Section 41, Nigerian Constitution).

2. *Arbitrary arrest and detention:* Enforcing such laws can lead to misuse of its provisions and enforcement through assault of a citizen by service personnel, an arbitrary arrests and detentions, which violates citizens’ rights to personal liberty and security (Section 35, Nigerian Constitution, and Article 9, UDHR).

3. *Restriction of freedom of expression:Overzealous enforcement of these laws can also restrict citizens’ freedom of expression and assembly (Section 39, Nigerian Constitution, and Articles 19 and 20, UDHR) thereby negating the rights of harmless citizens engaged by military personnel.The law prohibiting the overtaking of convoys, particularly military vehicles, therefore raises concerns about its enforceability under the Nigerian Constitution, especially regarding citizens’ liberties and human rights because of the following considerations viz.*Constitutional Provisions*

1. _Section 33:_ Right to life, ensuring citizens’ safety and security.

2. _Section 34:_ Right to dignity of human person, protecting against degrading treatment.

3. _Section 35:_ Right to personal liberty, safeguarding citizens from arbitrary detention.

4. _Section 36:_ Right to fair hearing, ensuring due process and justice.

5. _Section 41:_ Right to freedom of movement, allowing citizens to move freely throughout the country.*Enforceability of the Law*For the umpteen time, I reiterate that while the law aims to ensure safety and security of military personnel and their convoys, it infringed upon citizens’ right to freedom of movement (Section 41).

Hence, the law’s enforceability is questionable, as it may be considered arbitrary and excessive just like the Nigeria’s outdated law on wandering. The abuse of the law by the Nigerian Police eventually resulted to abolition of the offence of Wandering under the Criminal Code and Penal Code through Section 1 of the Minor Offences (Miscellaneous Provisions) Act 2004 (MOA). Reasonable cause of action is germane to application of certain laws if citizens are not to be marooned and placed under threats and unjustifiable conditions.

Liability for Imprisonment or Fine*Though, extant laws stipulate that Citizens who violate the law on overtaking a convoy may face imprisonment or fines. However, the Nigerian Constitution ensures that citizens are entitled to fair hearing and due process (Section 36). Therefore, any punishment or penalty must be reasonable, proportionate, and in accordance with the principles of natural justice. Of essence is that a punishment should not be extra judicial as often witnessed when service personnel torture violators without investigating circumstances that resulted to the violation. A violation on an expressway may be difficult to justify since the road is designed for various users and may not be restricted to the whims and caprices of only convoys.*Judicial Precedents*There have been cases where Nigerian courts have struck down laws or regulations that infringe upon citizens’ fundamental rights. For instance:

1. _Abacha vs. Fawehinmi (2000)_: The Supreme Court held that any law that restricts the right to freedom of movement must be reasonable and justifiable.

2. _Inspector-General of Police vs. All Nigeria Peoples Party (2008)_: The Court of Appeal held that the police cannot restrict citizens’ right to freedom of movement without a valid reason.*

Conclusion:In conclusion, while the law prohibiting the overtaking of convoys may have some merit, its enforceability under the Nigerian Constitution is questionable and subject to judicial interpretation. Citizens’ rights to freedom of movement, personal liberty, and fair hearing must be respected and protected. Any punishment or penalty for violating the law must be reasonable and proportionate. The judiciary has a crucial role to play in ensuring that the law is applied in a manner that respects citizens’ fundamental rights.The Nigerian Constitution and the Universal Declaration of Human Rights provide essential protections for citizens’ liberties, ensuring that their rights are respected and protected, even in the face of enforcing laws and regulations that may seem obnoxious or restrictive.