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CHAPTER ONE
INTRODUCTION

1.1 BACKGROUND OF STUDY

The issue of human rights is one of the major problems bothering the human person especially in

the 21st century. The continuous neglect of Human Rights of man by his fellow man, has

dehumanized man’s humanity from being a “person.” Every created human by nature desire to live

freely. The greatest tragedy in life that is worse than death is to deny one his human rights. God

has endowed man with certain privileges and rights, such as, the Right to life, and a host of others.

Man being created in the image of God, has the right that is fundamental over all creatures but

today we see in our society how machines, animals, trees and a host of others have replaced

humans, this indeed is a great challenge in our own society today. This is because of the lack of

justice, liberty, equality and fraternity; which dignify the nature of the human person.

In keeping with this, Fagothey, says that:

“Human nature requires that the human beings have certain

things such as life, work and freedom from coercion as their due.

We have a right to them as persons; we have a duty to respect

other’s rights by reason of their intrinsic value and dignity as

persons” (227).

For Locke, the fundamental rule of any system of human rights are life, healthy liberty and

property. It is to secure this rights that governments are formed among men. Government always

remains only an agent of society. It is not society itself; it never becomes the people themselves.
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It is always an instrument of opted for a civil society the people for the protection and promotion

of their rights. Bearing this in mind, John Locke was born into an environment that was plunged

in an oasis of turbulence owing to technical inadequacies in the political ideology of England and

Europe in general. There were political problems that affected England from every nook and

cranny, leaving as their net effects a general feeling of insecurity, civil wars, meddling of political

functions, economic problems on the sort of inflation, escalated prices, hike in the cost of living,

low standard of living, and in fact a degenerated society from all perspectives.

Confronted with this debased English political reality, Locke and other political philosophers

became convinced that the causal factor of this political trauma could be traced to the rational

lapses in the political theories prevalent at that time. Hence, Locke was positioned to postulate a

sound principle or theory which any society to stand the test of time should rest on and that the

need for these study relating to Mikang Local Government. Experience has also show that, in a

society where justice is not being upheld, where man’s dignity is being dragged to the mud, where

the laws are not just being made for the up-keep or up-building of the society but for the

victimization of the individual person, where humans are used not only as an object of satisfaction

but subjected to rigorous inhumane condition of existence such as slavery, where the liberty of

man is not just only comprehensively limited, but trampled upon; the idea of Human Rights

becomes not only an effect but also an illusion. This may have made Rousseau’s to say that: “man

was born free and everywhere in chains.” The question now is; how can we identify the rights of

man? Do men really have rights? Are his rights fundamental to his existence? Is there a just claim

of negligence of his right? Do we still have such thing as human rights at all, even in the face of

law? If we do, to what extent can we make use of these rights and how can we also express this

rights in the society without any infringement? These and many more set the ball rolling in our
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discussion on human right. If we play down on these questions on human rights, there may

continually be an eminent danger for man with recourse to the state of nature which is generally

noted for the survival of the fittest. Thus, there is need for the recognition of the rights of every

citizen in the society and this should be a universal call for the respect of one’s God-given right,

since in our world today, the issue of Human Rights has indeed come under sustained attack and

as such if Locke’s concept of Human Right could be adopted by Mikang Local Government then

the fundamental Human Rights of it citizen would be secured.

1.2 STATEMENT OF THE PROBLEM

Highly disturbed and unsatisfied by the continuous discrimination and violation of the rights in

Mikang. Thus, going through the pages of history and the continuous violation of the rights of

man, I am worried about the bastardization, injustices, man’s inhumanity to his fellow man and

the continuous discrimination of the rights of individuals because of illiteracy in our society.

Mikang as a Local Government is walloping in the dungeon of political, economic, religious and

social sickness that have eaten the marrows and very essence of man’s existence; thus rendering it

baseless, because of the continuous violation of the rights of man. Hence, Fagothey submits:

“Human society is striving for the common good of its members and requires recognition of the

fundamental rights of persons, rights based on the intrinsic value and dignity of these persons.”

(227).

Bearing this in mind, there is need for the guidance of the rights of every individual in the society

where bribery, corruption, favouritism and a lot of others, sets the tune for the continuous violation

of the rights of man particularly in Mikang. The question now is; is the human society now striving

for the common good of its citizen? Are Human Rights still in force today? Taking a critical look
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into Mikang Local Government existential situation, have undoubtedly left me with many reasons

to search into the philosophy of Human Rights of John Locke, and also imagine how his philosophy

of Human Rights could serve as an antidote for the current hiccup in Mikang administrative ranks.

One must note that, Mikang, in her nascent democratic dispensation has witnessed uncountable

cases of Human Rights violation and the future seems to spell doom if this epidemic is not put in

check. Having been encumbered by these situations, I will like to use the philosophy of Human

Rights according to John Locke to extremely build our leaders and the people, which is the

imperativeness of a sound and coherent political ideology for Mikang Local Government area and

the Country at large. As such, this topic becomes paramount and important.

1.3 AIMS AND OBJECTIVE OF THE STUDY

The aim of this work is to expose John Locke’s concept of Human Rights. In this exposition, the

value and necessity of respect for and preservation of Human Rights will be brought to lime. By

so doing the following objectives will be achieved:

1. To expose the people of Piapung on the understanding of human rights and to investigate

on the causes of the violation of human rights.

2. To present that every human person has rights and the freedom to participate and relate

fully and freely in a given society without being violated by a fellow human or by the self,

and so the human rights should be respected

3. To propose ways of liberating the society from their mind-set of the mighty and to create

awareness of their equality in the society.

4. To identify genuine efforts how John Locke’s concept of Human Right will be put into

place to restore this human rights in Piapung district.

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1.4 METHODOLOGY

This paper shall adopt the modern language association (MLA) style eight editions and also a

philosophical approach, which will involve a combination of both the primary and secondary

sources; the former, shall seek first second hand information (data) that is sources in the library

and books: journals, magazines, articles, that are related to the study. While in the later, I shall

make use of primary information that is interview for collection of(data).

1.5 SIGNIFICANCE OF THE STUDY

This research will suffice to be a voice of conscience to human right violators and consolidation to

its promoters. Hence, the relevance of this study is to bring back the stolen identity and wellbeing

of the human person. Thus, it is a crusade, a clarion call on both the individual and the government

to respect, protect and promote the rights of human beings in order to harness it continuous

existence.

1.6 SCOPE AND LIMITATION OF THE STUDY

Although this research is based on the philosophy of John Locke on human rights, thus, the views

of other philosophers will also be sought when and where necessary. But our major concern in

these work is Human Rights in Piapung of Mikang Local Government area between the year 1999

to 2019. Consequent upon this, the study would certainly not exhaust all that there is to know about

human rights but certainly it shall make reference to the views of Human Right in Piapung.

1.6 ORGANIZATION OF THE STUDY

In other to expedite the apprehension of Human Rights in Piapung, this work has been divided into

five chapters. Chapter one gives an encapsulated insight into what the whole work is all about. It
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encompasses the general introduction, background to the study, statement of the problem, aim and

objectives of the study, methodology, significance of the study, scope and limitation of the study,

organization of the study, and definition of terms. Chapter two is a review of related literatures,

Chapter three of this research, shall bring to limelight John Locke’s philosophy of human rights;

while chapter four which is the bulk and hub of this research, will give a brief history of Piapung,

how Human Rights as understood by the people of Piapung, and how John Locke’s concept of

Human Rights can be exercised in Piapung. While the chapter five will conclude this research by

covering the summary, recommendation and conclusion. This work is between the page limit of

50 to 60 pages.

1.8 DEFINITION OF TERMS

1.8.1 HUMAN PERSON

A person is a being, such as “human.” that has certain capacities or attributes constituting

personhood, which in turn is defined differently by different authors in different disciplines and by

different cultures at different times and places. Thus, Mondin noted that; “this is a term we never

use for plants and animals, but only for man.” (243). The human person is not just a metaphysical

concept, the human person is the concrete, existing human individual. Thus, for

Boethius, as quoted by Esirah, said; “a person is an individual substance of a rational nature.”

(247).

1.8.2 RIGHTS

Etymologically speaking, the term “right.” stem from the Latin “rectus” which means “Straight

forward, Justice, not crooked.” It is a well-grounded claim….and when a given claim is recognized
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by civil law; it becomes an acknowledged claim or legal right enforceable by the power of the

state. Right is a justified claim to have or obtain anything to which one is qualified. According to

Omoregbe “a right is a justifiable claim to have or to obtain anything to which one is entitled, or a

justifiable claim to act in a particular manner if one is entitled to do so.” (10).

Right thus is anything in which one can lay a just and valid claim. According to the Dictionary of

philosophy, “right, is that just claim, that, on which one has proper claim”. The Oxford Advance

Learners Dictionary 8thed writes; “right is what is morally good or acceptable; what is correct

according to law; or a person’s duty, a moral or legal claim to have or get something or to behave

in a particular way.” (1272)

1.8.3 ABUSE

Abuse according to the new international Webster’s comprehensive dictionary of the English

defined “Abuse” as the improperly or injuriously; misuse. To hurt by treating wrongly. Abuse

covers all unreasonable or improper use or treatment by words or actions. In the same vile, abuse

can be seen as to use improperly, to misuse; to make a bad use of, to prevent; making a bad

advantage of somebody or something (web).

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CHAPTER TWO
LITERTURE REVIEW

2.1 HISTORICAL OVERVIEW OF HUMAN RIGHTS

The understanding of Human Rights must take into consideration the struggles of the people in a

particular historical epoch. This doctrine of human rights rest upon a particularly fundamental

philosophical claim; that there exists a rationality identifiable moral order, an order whose

legitimacy precedes contingent social and historical condition and applies to all human beings

everywhere and at all times. The concept of human rights in the field of political philosophy has

existed for many centuries, though under different names. Its origin is said it began during the era

of renaissance humanism in the early modern period. The European wars of religion and the civil

wars of seventeenth-century England gave rise to the philosophy of liberalism and belief in human

rights became a central concern of European intellectual culture during the 18th century age of

enlightenment The idea of human rights lay at the core of the American and French revolutions

which inaugurated an era of democratic revolution throughout the nineteenth century paving the

way for the advent of universal suffrage. The world war II of the twentieth century led to the

universal declaration of human rights.

The decrees on human rights were made first by Cyrus in the Akhadian language on a baked clay

cylinder, in 539 B, C, the armies of Cyrus the Great, the first king of ancient Persia, conquered the

city of Babylon, but it was his next action that marked the major advance for man. He freed slaves,

declared that all people had the right to choose their own religion, and established racial equality

known today as the Cyrus cylinder. This ancient record has now been recognized as the world`s

first charter of Human Rights from Babylon, the idea of human rights spread quickly to India,
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Greece and eventually to Rome. There the concept of “natural law” arose, in observation of the

fact that people tented to follow certain unwritten law in the course of life, and Roman law was

based on rational ideas derived from the nature of things. On October 24, 1945, in the aftermath

of world war II, the United Nations came into being as a devastation of international conflict.

Furthermore, events in Europe in the 1930s and during the world war II focused attention on the

fact that the protection of whatever existed for minorities, individuals and the guarantee of human

rights became one of the purpose for which the allied power fought. On December 10, 1948, mark

the year human rights received universal declaration of which was given as a precious gift to the

people are born equal in dignity. The General Assembly provided in the declaration a standard

achievement of all people and nations as organ of the society should keep this declaration

constantly in mind, and also it shall strive by it teachings, education and promote respect for these

rights and freedom (10,11).

2.2 THE CHARACTERISTIC OF HUMAN RIGHT

Human right have four properties, and these properties are the characteristics, as the human person

enfolds, natural rights have in them some element which are innate in man. Ajomo asserted that

“Human Rights as natural, imprescriptibly, inherent and inalienable was based largely on the

common acceptance of natural law.” These characteristic are:

2. 2.1 INALIENABILITY

Human Rights cannot be taken away; no one has the Rights to deprive another person of he/her

rights for no reason. People still have rights even when laws of their country do not recognize
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them, or when they violate them. John Locke started that human rights are God gift to man even

before his very existence right from creation (wadak 16).

2.2.2 UNIVERSALITY

Human Rights are the same for all human beings regardless of race, sex, color, religion, political

or other opinion, national or social origin. To this light, Wadak noted that;

“we are all born free and equal in dignity and rights. Human rights have no borders

and are universal and apply to all persons without discrimination. That is to say that

every individual in the society possessed these rights without distinction, nobody is

a second class citizen of human rights nor there is a first class citizen of human

right, that is equality of person (16).

Human rights are universal, since they belong to every human being without any distinction of

ethnicity, race, gender, religion, or any form of government.

2.2.3 INDIVISIBILITY

To live in dignity, all human beings are entitled to freedom, security and decent standard of living

concurrently. Human rights are indivisible. Human rights are not capable of being divided. They

cannot be denied even when other rights have already been enjoyed. Human Rights are

interdependent because the fulfillment or exercise of one cannot be had without the realization of

the other (web). Just as there is no indivisible human being, Men are all equal by their very nature

of existence in the universe, all created by the same God.

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2.2.4 INHERENCE

This means that human rights are the properties of men, therefore, you cannot buy to earn, inherit

or be given in form of favor. They belong to the individual simply because you are human. They

are innate in human nature. Human rights are inherent in the very fact of man`s humanity,

something which man is said to possess in his natural state, devoid of the intervention or support

of society. Man brings them with him into the society which is brought about to protect these rights

by enacting laws (web). In accord with this, wadak agreed with Locke’s feature of human right by

asserting that, human rights are basically inborn or inseparable qualities or characteristics in us as

human beings, without which we cannot carry out basic function as human beings (16).

2.3 THE CATEGORIES OF HUMA RIGHTS

For us to get a clear picture of what human rights is all about there would be need to categorized

them into groups and to have understanding of their proper place. And these categories are group

into Three Generations (Phases) of Human Rights Philosophy

2.3.1 ENLIGHTENMENT

The first tier or "generation" consists of civil and political rights and derives primarily from the

seventeenth and eighteenth-century political theories noted earlier which are associated with the

English, American, and French revolutions. Think "life, liberty, and the pursuit of happiness." This

approach favors limiting government by placing restrictions on state action. The rights set forth in

Articles 2-21 of the Universal Declaration of Human Rights include: freedom from discrimination;

freedom from slavery; freedom from torture and from cruel, inhuman, or degrading treatment;

freedom from arbitrary arrest and detention; the right to a fair and public trial; freedom of thought,
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conscience, and religion; freedom of opinion and expression; and the right to participate in

government through free elections (web).

2.3.2 SOCIALIST TRADITION

In the nineteenth century the second generation of rights broadens the primarily political focus of

earlier views to include economic, social, and cultural rights. This view originates primarily in the

socialist traditions of Marx and Lenin. According to this view, rights are conceived more in

positive rather than negative terms, and thus encourage the intervention of the state. Illustrative of

these rights are Articles 22-27 of the Universal Declaration of Human Rights. They include the

right to social security; the right to work; the right to a standard of living adequate for the health

and well-being of self and family; and the right to education (web).

2.3.3 SOLIDARITY RIGHTS

These views are a product of the rise and decline of the nation-state in the last half of the twentieth

century. These rights have been championed by the third world and remain somewhat controversial

and debated. The specific rights include the right to political, economic, social, and cultural self

determination; the right to economic and social development; and the right to participate and

benefit from “the common heritage of mankind” (web).

2.4 THE VARIOUS FORMS OF HUMAN RIGHTS

Human rights are what we are“endowed” with at birth as human beings. Based on the existence of

human being, there are understood and considered to be natural. By virtue of our citizenship, every

being are entitled to this natural rights. They include the fundamental rights guaranteed by the

constitution, as well as by congressional acts.

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2.4.1 THE RIGHT TO FAIR HEARING

Everyone is entitled to a fair hearing within a reasonable time by an independent and impartial

tribunal, the right to fair hearing is an essential right, it respects the rule of laws of a country.

Article 10 of the Universal Declaration of Human Rights states that “everyone is entitled in full

equality to a fair and public hearing by an in dependable and impartial tribunal, in the determination

of his right and obligations and of any criminal charge against him.”

Form the above affirmation of fair hearing, everyone is entitled in full equality before the courts,

and any hearing must take place in an open court before a competent, independent and impartial

tribunal, or before any judgment or ruling made public. These also means that closed hearings are

not permitted but in some cases it can only be permitted for reason of privacy, justice, or national

security, and judgments may only be suppressed in divorce cases or to protect the interest of

children. These obligations apply to both criminal and fair hearing and also to all courts and

tribunals (web). In addition, the right to fair hearing is fundamental to the rule of law and to

democracy itself. The right to a fair hearing is absolute and cannot be limited.

2.4.2 THE RIGHT TO LIFE

The right to life is a universally recognized right for all human beings. It is a fundamental right

which governs all other existing Rights. Article 3 of the universal Declaration of human rights

postulate that “everyone has the right to life, liberty and security of person.” This does not throw

the fact that the right to life are in some cases protected by rules of law for example, a situation

whereby someone is use to smoking and drinking alcohol even when you have the full right to do

the above mention, the rule of law can denial one of this, based on health ground. The term right
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to life is a moral principle based on the belief that a human being has a right to live and, in

particularly should not be killed by another person.

The concept of a right to life is subject to debate on the issues of capital punishment, abortion,

euthanasia and others… the term right to life is a rhetorical device. Pope Pius XII during a 1952

papal encyclical argues that; “every human being, even the child in the womb, has the right to life

directly from God and not from his parents, not from any society or human authority.” Therefore,

there is no man, no society, no human authority, no science, no indication at all whether be it

medical, social, eugenic, economic, or moral that may offer or give a valid judicial title for a

different deliberate disposal of an innocent human life. From the above assertion by Pope Pius XII,

it therefore means that no one shall in anyway be deprived of his life. The right to life ought to be

protected and guided against the denial of it. The right to life is directly implied by human dignity.

2.4.3 THE RIGHT OF THE DIGNITY OF HUMAN PERSON

All human persons have dignity; dignity is another value that regulates the behavior of individual.

Dignity is a relative term with regulatory nature. It prescribes the norms and ethical standards that

need to be followed and adopted (Manik 3). Dignity plays a vital role in regulating the human

relations and for the promotion of human rights that is the basic rights of liberty, equality and

freedom. Every human being by virtue of his/her existence deserves to be treated with utmost

respect and Dignity. The catechism of the catholic church (CCC, article 1700 sub-section 1-3)

observes that;

“The dignity of the human person is rooted in his creation in the image and likeness of

God; it is fulfilled in his vocation to divine beatitude, it is essential to a human being freely

to direct himself to this fulfillment, by his deliberate actions.” (383)

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From this statement, the dignity of the human person is not to be denial because it is God`s special

gift to humanity, and as such it ranks above all other being. Psalm 8:4-6 observe the importance of

the human person. It says;

“what are human beings that you spare a thought for them, or the child of Adam that you

care for him? Yet you have made him little less than a god, you have crowned him with

glory and beauty, made him lord of the works of your hands, put all things under his feet.”

2.4.4 THE RIGHT TO PRIVATE AND FAMILY LIFE

Everyone has the right to respect his private and family life, his home and his correspondence. The

right to private and family life protects person against arbitrary or unlawful interference with their

privacy, family, home or correspondence as well as against unlawful attacks on their honor and

reputation. Any interference by public authority with the exercise of this right except such as is

accordance with the law and is necessary in a democratic society in the interests of national

security, public safety or the economic well-being of the country, for the prevention of disorder or

crime, for the protection of health or morals, or for the protection of the rights and freedoms of

others. Alan Westin in his book privacy and freedom (1968) started;

“each individual is continually engaged in a personal adjustment process in which he

balances the desire for privacy with the desire for disclosure, and communication for

himself to others in light of the environmental conditions and social norms set by society

in which he lives.” (166)

According to Manik (64),” a person has the full freedom to live the way he or she likes, to live and

without the interference of anybody”. Everyone has the right to respect for his or her private and
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family life, home and correspondence. In the words of Gus hosein he argues that “privacy is

individual`s autonomy and human agency.” (6) Knowing everything about someone reduce that

person to a set of known facts, controllable and manipulative. Privacy is thus a fundamental

component to freedom.” From those above assertion, it means that privacy is intertwined with the

term liberty. The privacy of an individual should not be violated or ever abuse by the virtue that

he or she is a human being or rather a reasonable being. Privacy is a fundamental human right

recognized in the Universal Declaration of Human Rights.

2.4.5 THE RIGHTS TO A PEACEFULL ASSEMBLY AND ASSOCIATION

The right to peaceful assembly is the right of individual to gather for a common purpose or to

pursue common goals. Meeting and protests are examples of assemblies. Only peaceful assemblies

are protected, not those which involve in violence. This right covers preparing for and conducting

of the assembly and protecting the organizers and the participants (web).

The freedom of association is this right which extends to all forms of association with others,

including political purposes. The freedom to join trade unions is simply an example of freedom of

association. Like all rights in the Act, the right to peaceful assembly and freedom of association

can be limited where it is reasonable and demonstrably justified in a free and democratic society

based on human dignity, equality and freedom,

2.4.6 THE RIGHTS TO FREEDOM OF MOVEMENT

The rights to freedom of movement imply that by virtue of one been human being, have the

freedom to move freely and to reside in any place of his choice. The Universal Declaration of

Human Rights article 13 observed the rights to freedom of movement as; “everyone has the right
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to freedom of movement and residence within the borders of each state. Everyone has the right to

leave any country, including his own, and to return to his country.”

The affirmation of this statement is that right to freedom of movement is never and cannot be

restricted or refused. However, the rights of freedom of movement should not be denial as far as

he is a citizen.

2.4.7 THE RIGHT TO FREEDOM OF EXPRESSION AND THE PRESS

Freedom of expression and the press is a very essential element to the achievement of other human

rights. it is key to the development, dignity and fulfillment of every person (web). Article 19 of the

universal declaration of human rights states that;

“everyone has the right to freedom of opinion and expression; this right includes freedom

to hold opinions without interference and to seek, receive and impart information and ideas

through any media and regardless of frontiers.”

The violation of these rights is when a person has been denied the liberty to express his or her own

mind. Thus, these rights also grant everyone the opportunity to own or establish any media for

passing information, opinion and ideas.

2.4.8 THE RIGHT TO FREEDOM FROM SLAVERY AND DISCRIMINATION

Slavery and discrimination before now has been one of the major challenges to the development

and growth of any society or community. No doubts; racism, xenophobia, sexism and others

intolerance limits people`s ability to express their view and ideas freely. Article seven (7) of the

universal declaration of human rights argues that;

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“All are equal before the law and are entitled without any discrimination to equal protection

of the law. All are entitled to equal protection against any discrimination in violation of

this Declaration and against any incitement to such discrimination.”

Discrimination is a pivotal part of slavery because it allows people to disengage their humanity

and justify or tolerate the violation of other people`s human rights. Discrimination also limit certain

groups access to education; jobs and hearth care, leaving them to subsist at the margin of society

where they are extremely vulnerable to enslavement as they look for ways to provide for

themselves and their families (web). Without any exception every human being ought to live a life

that is full and free from slavery.

2.5 THE UNIVERSAL DECLARATION OF HUAMN RIGHTS

On December 10, 1948 the General Assembly of the United Nations adopted and

proclaimed the Universal Declaration on Human Rights. This declaration which was presented in

form of an article, thirty in number, tried to portray the dignity of the human person in the universe.

Following this historic act, the Assembly called upon all member countries to publicize the text of

the Declaration and make sure it is disseminated, displayed, read and expounded principally in

schools and other educational institutions, without distinction based on the political status of

countries or territories. This was meant to be a common standard of achievement, of rights and

freedom for all peoples and nations.

Here are the United Nations Declaration of Human Rights in their entirety.
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Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and

conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction

of any kind, such as race, colour, sex, language, religion, political or other opinion, national or

social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis

of the political, jurisdictional or international status of the country or territory to which a person

belongs, whether it be independent, trust, non-self-governing or under any other limitation of

sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all

their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment

Article 6.

Everyone has the right to recognition everywhere as a person before the law.
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Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the

law. All are entitled to equal protection against any discrimination in violation of this Declaration

and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating

the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial

tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved

guilty according to law in a public trial at which he has had all the guarantees necessary for his

defense.

(2) No one shall be held guilty of any penal offence on account of any act or omission which

did not constitute a penal offence, under national or international law, at the time when it was

committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the

penal offence was committed.

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Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or

correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the

protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political

crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his

nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have

the right to marry and to found a family. They are entitled to equal rights as to marriage, during

marriage and at its dissolution.

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(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by

society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom

to change his religion or belief, and freedom, either alone or in community with others and in

public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold

opinions without interference and to seek, receive and impart information and ideas through any

media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

 23

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely

chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be

expressed in periodic and genuine elections which shall be by universal and equal suffrage and

shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization,

through national effort and international co-operation and in accordance with the organization and

resources of each State, of the economic, social and cultural rights indispensable for his dignity

and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favorable conditions

of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favorable remuneration ensuring for himself and

his family an existence worthy of human dignity, and supplemented, if necessary, by other

means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.
 24

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and

periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of

himself and of his family, including food, clothing, housing and medical care and necessary social

services, and the right to security in the event of unemployment, sickness, disability, widowhood,

old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether

born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and

fundamental stages. Elementary education shall be compulsory. Technical and professional

education shall be made generally available and higher education shall be equally accessible to

all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the

strengthening of respect for human rights and fundamental freedoms. It shall promote

understanding, tolerance and friendship among all nations, racial or religious groups, and shall

further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.
 25

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy

the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from

any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth

in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his

personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations

as are determined by law solely for the purpose of securing due recognition and respect for the

rights and freedoms of others and of meeting the just requirements of morality, public order and

the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and

principles of the United Nations.

 26

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right

to engage in any activity or to perform any act aimed at the destruction of any of the rights and

freedom is set forth herein

Every person that has the interest and dignity of the human person at heart will, without mincing

words, cherish the content of this declaration because of its inclusiveness.

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CHAPTER THREE
JOHN LOCKE`S NOTION OF HUMAN RIGHT

3.1 JOHN LOCKE’S BIOGRAPHY

John Locke was born in 1632 at Wrington Somerset, and died seventy-two years later in 1704. He

grew up in a Puritan home, trained in the virtues of hard work and the love of simplicity. After a

thorough education in the classics at Westminster school, Locke became a student at Oxford

University, where he took the bachelor’s and master’s degrees and was appointed senior student

and later censor of moral philosophy. He spent thirty years of his life in the city of Oxford. Though

he continued his studies of Aristotle’s logic and metaphysics, he was gradually drawn towards the

newly developing experimental sciences, being influenced in this direction particularly by Robert

Boyle. His scientific interest led him to pursue the study of medicine, and in 1674 he obtained his

medical degree and was licensed to practice. As he pondered what direction his career might take,

there was added to the considerations of medicine and Oxford tutor an alternative: political

diplomacy.

He actually served in various capacities, eventually becoming the personal physician and

confidential advisor to the Earl of Shaftesbury, one of the leading politicians of London. But earlier

influences among them his reading of Descartes works while at Oxford confirmed his desire to

devote his creative abilities to working out a philosophical understanding of certain problem that

perplexed his generation. He wrote on such diverse topic as The Reasonableness of Christianity,

An Essay concerning Toleration, and the consequences of the lowering of interest and raising the

value of money, including his active participation in the public affairs of his day (230). In 1690,

when he was 57years old. Locke published two books that were to make him famous as a
 28

philosopher and as a political theorist: An Essay concerning human understanding and Two

Treatises on civil government. Although other philosophers before him had written about human

knowledge, Locke was the first to produce a full-length inquiry into the scope and limits of the

human mind. Similarly, others had written important works on political theory but Locke’s second

of the Two Treatises came at a time when it could shape the thoughts of an era and affect the course

of future events. Two Treatises and an Essay show Locke’s way of combining his practical and

theoretical interests and abilities. Two Treatises were expressly formulated to justify the English

revolution of 1688. Some of its ideas took such strong hold on succeeding generations that phrases

contained in it-for example, that we are “all equal and independent” and possess the natural rights

to “life, health, liberty, and possessions, worked their way into the Declaration of Independence

and affected the shaping of the American constitution.

Regarding his Essay, he tells us that it grew out of an experience that occurred about twenty years

before this work was published. On that occasion five or six friends met to discuss a point in

philosophy, and before long they were hopelessly snarled, “without coming any nearer a resolution

of those doubts which perplexed us.” Locke was convinced that the discussion had taken a wrong

turn. Before we could address the principles of morality and revealed religion.” He said, we first

needed to “examine our own abilities, and see what objects our understanding were, or were not,

fitted to deal with.” From this examination Locke eventually composed his essay concerning

human understanding, which became the foundation of empiricism in Britain (231).

3.2 JOHN LOCKE’S PHILOSOPHY OF HUMAN RIGHTS

John Locke’s philosophy concentrates more on political issues. Hence, he is one of the most

outstanding social contract theorists in the history of political thought. His political teachings bear
 29

his general theoretical orientation of being extensively empirical. He belongs to the leading fathers

of British empiricism. His political philosophy tends to the justification of the constitutional

government established in England in 1688 through the “Glorious Revolution” Mukherjee and

Ramaswamy, (193).

Locke’s Two Treatises on Government contains the bulk and hub of his political ideas. The First

Treatise is a criticism of the doctrine of hereditary power of the king as held by Sir Robert Filmer

in his work entitled Patriarchal; while the Second Treatise explained the true original extent and

ends of civil government. In his Patriarchal, Filmer contended that patriarchal authority was

absolute, and that political authority was analogous to paternal authority. He avers as quoted by

Mukherjee and Ramaswamy, thus:

“Having created Adam, God gave him authority over his family, the earth

and its products. Adam was the first king, and present kings derived their

rightful authority from this grant. Adam was both the first father and the

first king. Subsequent generations were not free, but were subject to Adam

and his successors with the power of fathers derived from God. Since

God’s original grant to Adam was unconditional, monarchical rule was

unlimited. Any attempt to restrain absolutism would result in a limited or

mixed monarchy. Divided sovereignty would weaken authority.” (196-

197)

Filmer did not support tyranny, for he made the monarch obey God’s laws. According to Filmer,

as quoted by Appadorai, “Adam was first king and present kings are, or are to be reputed next heir
 30

to him” (31). The King therefore makes the laws alone, which proceeds solely from his will,

thereby subjecting others to these laws. Filmer’s next argument revolved around property rights.

For him:

“It is problematic, for one who tries to defend private property would raise

the spectre of communism in economics, just as contractualism aroused

the spectre of anarchy in politics. How could a communal grant give rise

to private property? Why would God have originally ordained community

of possession if it were not to last and how could the abandonment of this

primitive communism be morally binding unless every single individual

had consented to it, of which consent there was no record? How could

such consent be binding on posterity which would surely be born

according to contractualists, with its original common right to all?

Mukherjee and Ramaswamy.” (197)

Filmer’s view implies then that men are naturally subjected or that men are not naturally free. For

he thought that those who could explain the origin of government with reference to consent of free

individuals, would find it difficult to establish either feasible or morally acceptable political

authority or rightful private possession of goods. Not only did Locke refute Filmer’s patriarchal

theory, but he also had to prove that his criticism of contractualism was absurd. In particular, Locke

had to explain origins of political power and private property. Against this standpoint, Locke holds

that men were naturally free and equal in the state of nature, hence his theory of fundamental

human rights.
 31

3.3 FUNDAMENTAL HUMAN RIGHTS

Locke was a leading figure of natural rights. The natural rights are the fundamental human rights;

fundamental in the sense that they are natural and basic to human existence. However, human

rights can be understood to be those values, which belong to or are due to an individual or a human

person precisely as a rational, moral and free being. Human rights are values, which help a human

being to appreciate and realize himself properly as a human being. These rights preserve the

sacredness of the human person. They are the rights of man as man. Among his conception of

fundamental human rights are right to life, right to private property, right to liberty.

3.1.1 RIGHT TO LIFE

The right to life is the most fundamental of all rights and the foundation upon which the

superstructures of others can be built upon. It is a right which springs directly and immediately

from the very nature of man. It is the primary and ultimate element in the existence of man. Hence,

man’s life takes precedence over all other rights. In keeping with this view, Iwe states that, “man’s

right to life, grounded in his divine origin, is the basis of all other human right and foundation of

civilized society” (163).

The life of man, therefore, ought not to be taken away from him, because from the moment of

conception, man becomes a beneficiary of this right. The right to life is a non-renounceable right

so that no one is permitted to take it away or even by the subject itself. Emphasizing on this, Locke

reiterates:
 32

“Nobody can transfer to another more power than he has in himself, and

nobody has absolute and arbitrary power over himself, or over any other,

to destroy his own life, or take away the life or property of another.” (15)

Locke maintains that man is not the owner of his life; therefore, he has no right to enslave himself

or take his life. Thus the life of an individual should be preserved and protected. Locke further

holds that the fact that man has the liberty to dispose of his possession does not mean he has the

right to harm himself. Hence Locke comments that:

“though this be a state of liberty, yet it is not a state of license; though man in that

state has an uncontrollable liberty to dispose of his person or possession, yet he has

no liberty to destroy himself or so much of any creator in his possession.” (9)

This is within the bound of the law of nature, which forbids any one harming another or destroying

himself, and requires each to try “when his own preservation comes not in competition to preserve

the rest of mankind” (9). It is man’s personal task to foster and to protect his material and spiritual

life, he has the duty to preserve life and this duty is incumbent upon every man. The right to life is

first among all other rights of man, since it particularly serves to maintain and protect life.

His actuality and relevance of the right to life is quite clear, and some of the violation in modern

times of the right to life can be seen in cases of genocide, murder cum political assassination,

torture and a host of others.

 33

3.1.2 RIGHT TO PRIVATE PROPERTY

Locke, in his argument for private property, dismissed Filmer’s argument that: “God had given the

earth and its fruits to Adam, and his heirs exclusively” Mukherjee and Ramaswamy, (208). More

than this, he also argued that it was human labour that distinguished what was privately owned

from what was commonly held. Labour was the unquestioned property of the labourer, and by

mixing his labour with a piece of land, an individual acquires the right to whatever he had made

of that material. In the words of Mukherjee and Ramaswamy;

“In the state of nature, individuals had initially a right to appropriation

which was limited to three things; first, an individual could appropriate

only that much for which one had a need, and provided enough and

good was left for others, secondly, an individual had a right only to that

much for which he had mixed the labour of his body and the work of

his hand, finally, labour not only created property but also determined

its value.” (208)

Locke believes that property was common in the state of nature in the sense that everyone had a

right to draw subsistence from whatever was offered in nature. But he asserts that a man has a

natural right to that with which he has mixed the labour of his body. Consequent upon this, Locke

in his Political Writings avers;

“Every man has a property in his own person. This nobody has any

right to but himself. The labour of his body and work of his hands…

are properly his. Whatsoever he removes out of the state that nature
 34

hath provided and left it in, he hath mixed his labour with, and joined

to it something that is his, and thereby makes it his property.” (274)

It may be true that water in the stream belongs to everybody. But if by my labour I fetch some with

my bucket, I can confidently claim the water in my bucket as mine, and because I have laboured

for it, it gives me the right of ownership. So, it is one’s labour that appropriates property. In this

vein, Locke in his Second Treatise on Government, submits:

“Though the waters running in the fountain belongs to everyone, yet

who can doubt that in the pitcher is his who drew it out? His labour

hath taken it out of the hands of nature, where it was common, and

belonged equally to all her children, and hath thereby appropriated it to

himself.” (20)

His argument is that the right to private property arises because by labour a man extends his

personality into the object produced. By extending his internal energy upon them, he makes them

a part of himself. Labour gives the primary title to private property. Labour is all important in the

appropriation of property. For him, no government can unjustly take away a person’s private

property. From the fact that private property is the fruit of the person’s own labour, means, that

part of the person is invested in his property, to take it away would amount to an assault upon his

physical person.

Even though Locke defends the right to private property, he does not by any means advocates the

unscrupulous amassing of excessive wealth. He rather advocates for moderate preservation. Locke

also maintains in His Political Writings that man’s appropriation from nature must be limited to a
 35

certain proportion, as “one only possesses as much before it spoils.” (277). For Locke, nothing

should be wasted or destroyed, for man must keep to bounds of reason, so that the right to private

property can be limited only to make effective the equally valid claim of others to some right.

Conversely, Locke spoke of individuals in the state of nature, having “perfect freedom to dispose

of their possessions, and persons, as they thought fit. He emphatically clarified that since property

was a natural right derived from natural law, it was therefore prior to the government” Mahkherjee

and Ramaswamy, (208-209). He emphasized that individuals had rights to do as they pleased

within the bounds of the laws of nature. Rights were limited to the extent that did not harm

themselves or others. Thus, to own property is simply a natural right.

3.3.3 RIGHT TO LIBERTY

For Locke, liberty is another right that an individual enjoys and central to the idea of liberty is the

purpose of law. Locke’s interest is on a healthy liberty, a liberty in conscience with right conscience

and the principle of morality. Liberty like any other right is natural to man. Hence, Locke in his

Second Treatise of Government submits: “we are born free as we are born rational; not that we

have actually the exercise of freedom through age, but by the nature of man.” (34) The right to

liberty is an inalienable right. Thus, for Locke, no one ought to harm or deprive another person in

his liberty and that the preservation of liberty is one of the chief reasons why man enters into social

contract. According to Appadoria, in his book The Substance of Politics avers that,

“liberty is the faculty of willing and power of doing what has been willed without influence from

other source.” (68).

Hence, for Locke in his Second Treatise on Government, says liberty entails “the following of

one’s own will in all things, where the rule prescribes not and not to be subject to the inconsistent,
 36

uncertain, unknown arbitrary will of another man.” (35). In his view, this freedom from

inconsistent, uncertain and unknown arbitrary will of another is so necessary to, and closely

upholds man’s preservation. He further holds that for man not having power of his own, obviously

cannot, by compact or his own consent enslave himself under absolute, arbitrary power of another

to take away the life when he pleases. Therefore, liberty provides opportunity, which enables men

to develop their personality.

3.4 THE LIMIT TO HUMAN RIGHT

Locke having identified right to private property as necessary condition for right to existence, went

further to propose three theories of constraint or limitation on natural rights. These theories include;

Implicit Labour Theory, Non-spoilage Theory and Sufficient Theory.

3.4.1 IMPLICIT LABOUR THEORY

Locke being fully aware that the world is a common stock, and as such the individual are at liberty

to draw the means of their sustenance and self-preservation, posits that the individual need to mix

their labour with this common stock of the world, for it to become their property. Locke, in his

constraint to natural right in line with the argument of labour mixing posits also that individual

may be denied their natural right to private property. If they do not mix their labour with the

common stock of the world. But this remains a problem in respect to those who are unable to labour

productively. What about those who are unable to work because of infirmity? As regards children,

Locke’s posits that under the law of nature, they have a claim against their parents to provide them

with nourishment until they can provide for themselves, now with regard to those who are unable

to work because of infirmity, he holds that this group of persons have rights to what is necessary

for their preservation from the surplus of the producers. He brings to our notice that claims of
 37

deserving need give rise to a countervailing right against the ownership rights of produces not

merely to a moral claim for charity.

3.4.2 NON- SPOILAGE THEORY

In the non-spoilage constraint, Locke posits that even though we can have a claim to private

property from the common stock of the world by mixing it with our labour, yet we have no right

to waste or destroy what we own, except in the course of consumption necessary for human’s

preservation and enjoyment. To do otherwise is not permissible in the light of the fundamental law

of nature “Noting was made by God for humans to spoil or destroy.” Locke’s abhorrence of waste

follows closely from his enthusiasm for labour and creativity. As labour creates values so does

spoilage destroy it. Consequently, the non-spoilage constraint places limit on what portion of land

can be taken and enclosed, as we cannot claim ownership of land so extensive that we cannot

cultivate it and turn it to human purposes.

3.4.3 SUFFICIENCY THEORY

This can as well be described as the “Enough and as Good” constraint. Here Locke emphasizes

that the limit of ownership is that the claim to acquisition should not harm the interest of others.

Thus, initial acquisition is permissible and legitimate when others are not prevented from also

acquiring the means of their own subsistence and preservation. Little wonder why Locke posited

that; “Labour being the unquestionable property of the labourer, no one else but he has a right to

such property, at least where there is enough and as good left in common for others” (61).

The argument here is that individuals can acquire private property from common stock of the world

by mixing it with their labour, but they should not encourage wastage by acquiring more than they
 38

can make use of, and while acquiring we should as well remember to leave enough which are

“good” for the use of others.

 39

CHAPTER FOUR
THE HISTORICAL BACKGROUND AND THE VIOLATION OF HUMAM RIGHT IN
PIAPUNG OF MIKANG LOCAL GOVERNMENT

4.1 ORIGIN OF PIAPUNG

According to Sir Boniface, Piapung is both the name of the Kingdom and dialect of the people and

it is presently a Chiefdom of its own in the present Mikang Local Government Area of Plateau

State. Suffice it to say that opinions vary today as to the exact origin of the Piapung people. This

variation stems on the one hand from the fact that there have been no documented facts as to their

place of origin, hence verbal history tends to be tele guided by interest of the people who tell them.

A second variation is for the fact that modern elites often attempt to tilt their narrations to

incorporate their hidden motives.

However, a fairly acceptable source is through the holders of the traditional institutions of the

people. It is believed that those who hold the affairs of the traditional stools of Longgang and the

Long Moelai and their King makers were the first settlers in the area. The history of the Piapung

people can be traced to Garam and can be linked to the Ngas people who came via the Borno

empire many years ago. However, there is a clan that was the last to settle around the riverine area

of Koetes who trace their origin to the Goemai people.

The name Piapung means pure white, signifying the receptivity and hospitality of the people.

Another version has it that when the first Whiteman arrived the area, he met with one of the

inhabitant of the area who was coming back from the farm and the Whiteman inquired to know

the name of the place. In responds, the man who was sucked in modes from the farm simply said
 40

“A pia boenoe pung noe, a doegoe tal a me toe poe ne”. Meaning, “I am looking whitish” a

description of the way he appeared after the muddy farm which made him look white; the Whitman

then concluded and called the name of the place Piapung. Be that as it may, they are the only

people today bearing Piapung as the name of their Chiefdom and dialect are the same.

4.2 LOCATION

Piapung is one of the four districts that make up Mikang Local Government area in Plateau state,

it is situated to the North West of Shendam Local Government Area. It covers a distance of

24kilometers away from Shendam Local Government Headquarters. It is bounded to the North by

Tal District in Pankshin Local Government, to the South by the Goemai people and to the East and

West by the Tehl and Koenoem Chiefdoms respectively, in Mikang Local Government Area.

4.3 SOCIO-ECONOMIC AND POLITICAL LIFE OF THE PEOPLE PIAPUNG

According to Sir Boniface, the socio-economic and political life of the people of piapung, is based

mostly on farming and trading. the people produce in large commercial quantities farm produce

such as rice, beans, guinea corn, groundnut, bambaram-nut and yams just to mention a few.

From time immemorial, agriculture has been the main stay of their economy. Most of them have

also come to embrace trading in fashion designs, tailoring and even the modern internet

transactions as it is in our world today. They have sons and daughters who have travelled far and

wide, bringing to their people goods from other areas, including foreign goods to buy and sell.

With the emergence of democratic system of government in the country, the people have also come

to embrace it. The Piapung people have been active players in the political development of not just

the state but the country as a whole. In the course of the political development of Nigeria, their
 41

sons and daughters have arisen to key positions in government at both the Local, state and national

levels. They have produced sons and daughters who have been councilors, chairmen of their Local

Government, Speaker and members of the State Assembly, Commissioners, Federal Legislators

among other juicy political benefits that has accrued to these communities. This also means that

they have not only been part of those making laws for the country but have also been implementers

of policies of government at all the levels.

4.4 HUMAN RIGHTS AS UNDERSTOOD BY THE PEOPLE OF PIAPUNG

Sir Boniface noted that from time immemorial, the Piapung man believes that everybody is created

by a supreme being called Naan. For this reason, everyone has a right to life which cannot be taken

at will except in times of war that one can be killed by an enemy. There is also the right to shelter

and food and the right to be initiated into the worship of any of the deities in the land. There is also

the right to marry and procreate; and the right to personal of life.

The Piapung people have a diverse, unique and rich cultural heritage and practices rooted deeply

in the belief systems of the people inherited from their forefathers, which among other things;

promote and confer the freedom and rights of every individual to life, ownership of property,

choice and their views on matters affecting the community. These cultural freedoms go with

responsibilities. Most of the cultural practices of the people are written only on their hearts and

passed down from their fathers in daily practice to the younger generation through the family lines

and communal interactions. The question of freedom or rights and responsibility has a deep

expression in the cultural practices of the people; even though the degree of freedom and

responsibility differ among the male and female folks of the community. While the man in this

culture has more of a dominant right and freedom, the woman's freedom and rights are subjective
 42

in nature to some extend to those of the man. This culture seems to be respected generally by even

the women folk. This varying degree of freedom and responsibility could be seen in the fact that

while the man is allowed by culture to marry and live with more than one wife at any time of his

life, the woman is prohibited by the same culture from living with more than one husband at a

time, except through a divorce and remarriage called "Dik". The man in this same culture wills the

power and influence over most family decisions. His freedom is not as limited as would apply to

a woman, in the sense that the man of the house could come home anytime of the night, but the

woman of this same culture does not have the same freedom and powers.

In this rich culture, it is the responsibility of the man to provide for all the needs of the family,

ranging from security, food to welfare matters. The woman is by obligation expected to accompany

her husband in cultivating the farm lands and in bringing home the yields at harvest time. But the

quantity of what she gets as her share is determined by the benevolence of the husband. Even at

that, the woman must cook from this her same share for her husband and children. Where the

husband has more than one wife, they women would cook and serve their husband in turn one day

at time. In the event of a quarrel between husband and wife and where elders in the community are

brought to judge the case, the man is not to be blamed publicly before the wife, even where he is

wrong. This is left to the elders to punish him in private.

In the Piapung culture, the unmarried and uncircumcised were restricted from so many things. It

was a taboo for an unmarried girl to break her virginity and single parenthood was not accepted in

the land. The practice of initiation into the worship of the deities of the people also came with

certain rights, freedom and responsibilities. The uncircumcised were treated more or less like

women.
 43

The practice of inheritance of the family assets and farmlands were more in favour of the male

children than the girls who were seen as not being permanent members of the family. To some

extent, the degree of freedom and responsibility of the younger generation were determined by the

elders or deities of the people. The freedoms of the boys were influenced by their fathers. These

influences were accepted by the younger generation as sacrosanct and were complied with.

Freedom in this culture is viewed as an inalienable right bestowed on all human creatures which is

in turn used for the worship of God through the deities of one's choice. Every male child in this

kingdom has a right to get initiated through a process called "Mut goen fier" to any deity of his

choice or the deities owned through the family or clan lines. One of the responsibilities that go

with this worship of the deities is the offering of the sacrifices that must be made in due season to

appease the gods and the ancestors of the family of a clan.

4.5 FECTORS RESPONSIBLE FOR VIOLATIO OF HUMAN RIGHTS IN PIAPUNG

There is a popular African adage that goes thus, there is no smoke without fire, meaning that in

every situation, there is a cause, and this causes are certain factors which have led to the violation

of human rights in the community from the internal and external forces.

4.5.1. IGNORANCE

According to the Merriam-Webster dictionary, Ignorance is the state or face of being ignorant; lack

of knowledge, education, or awareness. Mr. Daniel, also define “Ignorance is the disease of the

soul which has tire up the people of Piapung apart; they are unaware of their responsibilities and

functions, they have lost the value of education, and they are ignorant of their human rights”
 44

(Interview). No progress, no effort has been made by the people, and from all indication, they have

refuse to learn from the mistakes of the past.

4.5.2. INSENSITIVITY TO THE SECURITY CHALLENGES IN THE STATE

Insecurity has been the major problem of some communities especially in Piapung district, the

security personnel has the fail to organized the people and themselves to protect their lives amidst

all forms of insurgencies in the district. Mr. Daniel asserted that, “the people felt so relaxed; that

nothing can affect them, being at the middle, as such the vigilante group neglected their role of

watching over the night” (Interview). Right from the attacks carried out by herdsmen, nobody

needs to alert the various communities about security consciousness in the state.

4.5.3. ILLITERACY

According to the Merriam-Webster dictionary illiteracy is the quality or state of being illiterate,

especially: inability to read or write. In the process of my research I had an encounter with an old

man, I set this questions before him, I asked, are you aware of your human right? Do you know as

a citizen, you have the right to protect your rights from being violated? The old man replied thus

“my son, I do not go to school how the can I know my rights? Illiteracy as often said is not an

excuse, to this effect; Mr. Daniel asserted that, “human rights are not taught in four walls of the

classrooms or in the communities, as such, citizens are not fully aware of their right talk more of

preserving them” (Interview).

4.6 THE VIOLATION OF HUMAN RIGHTS BY POLITICIANS IN PIAPUNG

According to Sir Boniface many politicians, including their sons and daughters have violated or

trampled on the rights of the Piapung people. This could be seen in the diversion for personal use,
 45

allocations of developmental projects that were meant for the common good of all the people.

These projects are often diverted and sold out to higher bidders for personal aggrandizement of

those who are representatives of the people.

Some politicians in this area also abuse the rights of the people who voted them and capitalized on

their ignorance by not fulfilling the promises made during their campaigns. The worst part of this

violation is often in generating social conflicts between the voting populace who are mostly

illiterates that can hardly read and right.

Another form of violation of the rights of the people by politicians is always in their failure to

come back home to consult with people to know their views so as to protect such interest.

4.7 HOW JOH LOCKES CONCEPT OF HUMAN RIGHTS CAN BE EXERCISED IN

PIAPUNG

Philosophers have interpreted the world; it is left for us to change it. How can this be achieved?

This is a question that keeps troubling mankind in the 21st century. Nigeria, a great nation and

often times referred to as the Giant of Africa is paradoxically poor and the life of its citizens not

secured because of the continuous violation of man’s fundamental human rights.

Conversely, Rousseau’s assertion, that “man is born free but everywhere in chains” (1), clearly

depicts these situations. Moreover, in Piapung today, we see ubiquitous chain of oppression,

structural injustices, god-fatherism, forceful arrest, illegal detention, torture, extra-judicial killings;

mere suspect languish in jail and a host of others. All of these show the degradation of the human

person and abuse of human rights.

 46

Mikang as a local government has suffered and is still suffering from untold hardship in the hands

of desperate, overzealous and despotic rulers, decadent administrators, visionless leaders, and

reckless managers. Little wonder in line with this, Chinua Achebe in his book the trouble with

Nigeria is of the opinion that, “the trouble with Nigeria is that of failure in leadership” (1).

Corruption is at the heart of things among our leaders in various parastatals in the country. They

have perpetrated act not worthy of recommendation and have left the country in abject poverty or

simply put, in a state of doom. Thus, Gani Fawehmi as quoted by John summed it all as:

“an organized destruction of our economy; the brutal repression of our fundamental rights,

the castration of our democratic institutions; the corrosive pollution of our moral life, the

imposition of pervasive, grinding, and aching poverty on the masses of our people.” (100).

In simple terms, our leaders have failed us; Mikang have been stripped naked by corrupt, selfish,

greedy and callous elites. We have been humiliated, pauperized and reduced to a state of

destruction by the political subterfuge, economic profligacy and moral degeneracy that have

rendered the human rights baseless.

Thus, there exists an unstable and shaky government due to unqualified representatives which has

now left everyone with no hope, to live in fear of violent death. Hence, the people of Mikang have

produced many self-centered leaders who have left it worse than the way they met it. Honour and

accountability have gone to the dregs. Consequently, instead of raising our hopes, our leaders are

mired in the effluvium of small-mindedness, and chest beating has replaced sound thinking. Men

and women have buried their conscience in the dung-heaps in quest for personal wealth and

sociopolitical influence. These people are corrupt; they receive bribes in administering their duties.
 47

Hence, Fabien Lonema in the book titled “corruption in Africa.” Threat to justice and sustainable

peace, edited by Elizabeth and Tenamwenye, speak of corruption as:

“a means requesting, offering, giving or accepting, directly or indirectly, a bribe or any

other undue advantage or prospect thereof, which distorts the proper performance of any

duty or behaviour required of the recipient of the bribe, the undue advantage or the prospect

thereof. More precisely, corruption means “the solicitation or acceptance, directly or

indirectly, by a public official or any other person, of any goods of monetary value, or other

benefit, such as a gift, favour, promise or advantage for himself or herself or for another

person or entity, in exchange for any act or omission in the performance of his or her public

functions.” (245-246)

Taking into cognizance the arms of government operating in Nigeria, one will note that they have

failed this great nation. The legislatures in charge of law making only make those laws that will

suit them and guide their own personal interest. The executives whose duty it is to execute those

laws enacted by the legislatures do not take it seriously also, since their intentions are the same.

On the other hand, the judicial arm instead of punishing the offenders, in turn do punish the

offended. For example, peoples like Mr. James Ngilari, ex-Governor of Adamawa State was

convicted through the effort of the Attorney General of Adamawa State. Salisu Buhari was

convicted of forgery under a plea arrangement in 1999. Salisu Buhari’s sentence was a slap on

the wrist. President Olusegun Obasanjo later granted him a pardon. Tafa Balogun (former

Inspector General of Police), Mrs Celicia Ibru (former CEO of Oceanic Bank), Lucky Igbinedion

(former Governor) and Diepreye Alamieyeseigha (former Governor of Bayelsa State) all entered

plea agreements with the Economic and Financial Crimes Commission.”

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“Shettima Bulama (former CEO of Bank of the North) was convicted after trial. The sentences in

each of these cases did not reflect the gravity of the offences. There is a sense that all the

offenders, including Tafa Balogun and Celilia Ibru, who publicly returned large amounts of

money, were able to retain substantial proceeds of crime. Diepreye Alamieyeseigha and Shettima

Bulama were granted Presidential pardon by President Goodluck Jonathan. The outcome of

conviction of the high profile offenders seems to be a clear signal that crime pays when you are

high profile.”

There is a sort of dichotomy between the rich and the poor with regards to the implementation of

the laws by the judicial arm of government. A case between the rich and the poor will only

favour the rich as against the poor. The innocent suffers for the guilty. There is no equality

before the law. The main culprit will be tagged ‘suspect’, and will move around freely, while the

innocent will be punished and thrown into prison for offence they know nothing about. The arms

of government are no longer for the common good but for selfish interest. Justice no longer

prevails and has been sent into oblivion of no return.

Most often than not, workers are not given their due. The worker deserves his wages because of

the effort he or she has put in. People labour, day in day out, toil night and day to make ends meet,

but are most times denied the right to their wages or salary. One will work for a month but will not

be paid his due. Most times, the various agency they found themselves will not even give the reason

for such action. Often, salaries are delayed by these agencies not minding the facts that this is the

very livelihood of its workers. What an ugly scenario that one will have to work for six months

without pay. Sometimes, will be relieved or sacked from their jobs for lack of fund and will not be

paid all what they are been owed. At times, they will be sacked for no reason. For example, persons

like Joshua Dariye and Jonah David Jang.

 49

Consequently, it is no gainsaying that Lockean concept of Human Rights has a great significance

to the situation of Mikang where Human Rights and social justice have been thrown away; a

situation where the lives and property of her citizens are in danger; a situation where the

educational system has virtually collapsed, hence denying it citizens of sound education; a situation

where there are lack of social infrastructures and even the available public properties and utilities

are treated with no care, apathy and neglects; a place where the constitution making has been

dogged and dotted with controversies and compromise.

In spite of all these, the people of Piapung should try in every aspect to fight corruption and make

it district better. It is a point to note that no nation is corruption free, no nation has truly attained

its desired goal and objection. Piapung as a district should show that she is heading towards a new

dawn where the rights of its citizens will be the top priority among other things. Although there

are some bad eggs in the leadership but yet, there are still good eggs who try day and night to

remove corruption from the scene. Democracy, the system of government practiced in Nigeria, is

gradually developing the nation in different areas such as the provision of the rule of law, the

separation of power, social amenities, and security. This nation cannot just change over-night, it

needs to grow gradually; and there have been some changes ranging from the political, economic

and social sectors of the country. Democracy in Nigeria began in 1999 after the transition from

military rule.

Hence, as a result of the violation of human rights and a destructive political system caused with

special reference to our leaders, John Odey writes:

“Does it ever worry us that history, which neither personal wealth nor power can pre-empt,

will pass terrible judgement on us, pronounce anathema on our names when we have
 50

accomplished our betrayal and passed on? We have lost the twentieth century; are we bent

on seeing that our children also lose the twenty-first century?” (25)

These questions are so striking and we need a redress so that the work of our heroes past shall not

be in vain. Consequently, there is the glaring need for us to live our life in a way that will help

secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice,

equality of status and opportunity. Security of lives and property, which is indeed the fulcrum of

Locke’s political philosophy, Thus, there is also the need for professionalism; re-orientation,

reorganization and repositioning of security agency to enable it meet the requirements of public

order, safety and democratic governance. Education which is a sine-qua-non for any genuine

political participation should be encouraged. This is because, for any democracy to last, serious

attention must be paid to the educational sector, and the entire curriculum and policy should be

such that would integrate the student into the socio-cultural context of the body-polity.

The government should provide basic infrastructures and amenities, since this will enhance the

well-being of every individual in the society. With regards to constitution making, the sole panacea

to this is that, constitution making and implementation process in Mikang should put on a more

democratic garb and participation so that freedom, equality and justice will thrive. The government

should also correct through rational means, all socio-moral inadequacies. The problems of

unemployment like ethnicity, favouritism, nepotism, and a host of others, must be revisited thereby

giving room for employment.

Thus, the government must see to the common good that the rights of its citizens, whether

economic, civil/political, moral or cultural are exercised. The problems of the judiciary (the

ultimate protector or defender of the rights of citizens), such as poor funding, overlapping
 51

jurisdiction and the procedure over appointment and prejudicial removal of judicial officers should

be looked into. The Human Right activists must not rest on their oars. In this way, people’s right

would be respected, justice will prevail and peace will be restored in Mikang Local Government

area.
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CHAPTER FIVE
SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSION

5.1 SUMMARY OF FINDINGS

Although John Locke has been hailed as the father of modern democracy, in which he has

constructed a political edifice that appears to give almost equal rights to the citizens of his own

state, it must be noted at this juncture that some of the bricks which build up the wall of his theory,

contain the seeds of their own cracking and destruction. In other words, no matter how wonderful,

influential and tenable Locke’s theory may be, it is not devoid of some defects and loopholes which

are worthy of note.

Taking into cognizance the way Human Rights principle is been exercised in Mikang today, has

create both the root causes of underdevelopment, corruption, unequal and unjust treatment in

Mikang. As such, if human right principle are exercise wrongly, then, it will certainly create hose

above mentioned causes. Thus, for a society to overcome any of this above mention, then the need

of re-orientation and education must take place.so that human principles can be implemented

properly in our society today However some research findings in this long easy has revealed that

lack of re-orientation and education, are responsible for violation of human right in

Mikang today. To remedy these factor’s, the need for this re-orientation and educating both the

young and old must be put into consideration and encouraged.

5.2 RECOMMENDATIONS

For this research work to reach its maxim and climax, the followings recommendation is to be put

into consideration.
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1. RE-ORENTATION ON HUMAN RIGHTS

Re-orientation is an important element because it allows the followings;

(1) It promotes a feeling of belongings and loyalty to the individual and the society at large. so that

he or she may not form false impression regarding the Mikang because the first impression is

the last impression.

(2) It brings an agreement between social goals and the personnel goals of Mikang community.

(3) It builds up confidence in Mikang so that the individual may become an effective citizen.

(4) It gives information regarding Mikang, its structure, product, policies, rules and regulations.

(5) It introduces individual on how things are done in the society.

2. PROPER EDUCATION

It is universally accepted that education is considered as a precondition for a healthy democratic

society. It is thus important that education include the study of peace, human rights, and democracy

as essential to society's development. Education is the most important tool for spreading

fundamental/ human rights awareness. As such Human Rights education will aim at followings:

1. Enhance the knowledge and understanding of human rights.

2. Foster attitudes of tolerance, respect, solidarity, and responsibility.

3. Develop awareness of how human rights can be translated into social and political reality.

4. Develop skills for protecting human rights.

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3. ENFORCEMENT OF HUMAN RIGHTS

By the way of recommendation, I do recommend that the battle for enforcement of human rights

must continue in order to resolve the identifiable human rights abuses and violations in Mikang

and the country at large. Action must over-shadow words, the injustices that threaten our true value

as rational human persons must be confronted in the face even at the risk of our lives. All lawful

means including non-violent protest must be employed. Our model leaders like Nelson Mandela,

Luther king jnr., Mahatma Gandhi etc…did not find it easy. They fought to the extent of spending

a large portion of their lives in prison, and some even fought to death (like Gandhi and Luther king

jnr.). and they warned that the road for justice where rights reign would be rough. Once more, we

should remember that human rights are the bases of any governance. They are the reason why any

government exist; therefore, it is the duty of any government to protect the rights, freedom and

liberty of her citizens.

5.3 CONCLUSION

Locke was one of the most controversial and influential theorists in the entire history of political

thought. Despite all these defects, however, one does not need to throw away the bath water

together with the baby. Locke’s theory has some great and important merits. His theory succeeded

in freeing individuals from the shackles of monarchism and the crippling hands and chains of

absolutism. As such, he leaves for mankind an everlasting legacy for the better running of

government, in spite of the inadequacies in the ingredients that enter into the formulation of his

theory.
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Locke’s notion of property gave rise to some serious criticism, though as Mukherjee and

Ramaswamy puts it, “such criticism normally ignored the libertarian aspect of early liberalism, for

property was linked to the idea of equality and self-sufficiency” (211). Locke’s emphases on

constitutionalism, consent and toleration have been integral components of modern political

theory. Locke was also the first exponent of the doctrine of civil society. Benefit and contract were

synonymous, leading to his formulation of a conception of government as a trust. Locke also

expressed faith in the ordinary man when he conceded a right to rebellion, making people the

ultimate and final arbiters of the government’s accountability. To be a champion of individual

rights and extension of democracy before the inauguration of the age of democracy was no small

achievement, and in achieving this, Locke immortalized himself.

On the whole, taking Piapung as a case study, a careful consideration, assimilation and application

of Locke’s concept of human rights would help a great deal in changing the Piapung society for

the better.
 56

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