Personal Liberty and Domestic Violence: any Legal Respite in Nigeria?

Abstract

Personal liberty is a human right enshrined in all known human rights instruments, internationally and municipally. The Universal Declaration on Human Rights (UDHR) provides that ‘every human being has the right to liberty’. The International Covenant on Civil and Political Rights (ICCPR) provides that liberty of the human being shall not be violated in terms of tampering with the freedom and subjection to slavery, inhuman or degrading treatments. The African Charter on Human and Peoples’ Rights (ACHPR) provides in clear terms that ‘Every individual shall have the right to liberty and to the security of his person’. In Nigeria the right to liberty is enshrined in the Constitution of the Federal Republic of Nigeria (CFRN). The Nigerian Constitution in providing for the limitation of the right to liberty does not make any mention of denial of liberty based on gender. While some limitation exist in the exercise of personal liberty, it is important to note that such limitation must be according to prescribed law. For instance the right to liberty may be limited only for reasons and conditions previously laid down by law.