Politico-Ethical Appraisal of The Nigerian State As The Actuality of Concrete Freedom: The Kantian Perspective (original) (raw)

Politico-Ethical Appraisal of the Nigerian State as the Actuality of Concrete Freedom: A Kantian Perspective

2020

In the 19th century, G. W. F. Hegel in his Philosophy of Right wrote that "the state is the actuality of concrete freedom." The logical import of that assertion is that individuals lack concrete freedom outside the civil state. It further implies that the state, for all practical purposes, is meant to protect the freedom of its individual members. All states can thus be understood to be the product of a compact or covenant and the Nigerian state is no exception to this rule. A logical outcome of this contract then is that the citizens of the instituted state must possess an actual freedom which the state is required to protect and preserve at all costs. This paper, therefore, conducts an assessment of the authenticity of freedom as expressed in the Nigerian state, using Kantian political and ethical thought as a guide.

The Sanctity of Rule of Law, National Security and Personal Liberty in Nigeria

Kampala International University Interdisciplinary Journal of Humanities and Social Sciences

The above statement encapsulates the need for adherence to the rule of law in political governance. This has more than ever before brought the primacy between national security and personal liberty of individuals in Nigeria to the front burner. The partisans of rule of law say, it is the font et origo, the father and grundnorm which takes precedence and priority over national security. It is a paradigm shift from the logic of empire, kingdom and fiefdom. The crux of the matter in this piece is which arm of government determines when national security or interest is in jeopardy? This paper therefore examined the concept of the rule of law and the extent to which it can be sacrificed on the altar of national security in a democracy. Using primary and secondary sources of information, the study found that it is dangerous to national security or interest for the executive arm to whimsically deprive citizens of their constitutionally guaranteed rights because of perceived or actual threa...

The Social Contract Theory: A Model for Reconstructing a True Nigerian Nation-State

The ideal purpose of the state has been variously conceived in political theory, leading to competing theories of state, one of which is the Social Contract Theory. With its earliest systematic postulation in the political philosophy of Thomas Hobbes, this theory gained much currency in the modern era. Although it was briefly eclipsed towards the turn of that era after Kant, it has been revived in contemporary political discourse, such as it is posited by John Rawls. The Social Contract Theory is both a theory of morality as well as a theory of the state. This study focuses on the latter dimension of the theory, in which it attempts to provide philosophical basis for the existence of the state and offers justifications for political obligation. It regards the state as the product of a pact or covenant. Perhaps most importantly, it offers a rational framework for reconciling the imperatives of governmental authority with the rights of the governed. It follows from this theory that the Constitution of the state must originate from the people or at least, according to some versions of it, be a hypothetical expression of their rational will. From that premise, this work suggests that the Nigerian state should be governed on the basis of commonly shared principles of justice. It goes further to argue that the Social Contract Theory of the state is an ideal model for reconstructing Nigeria into a truly united nation-state.

APPRAISAL OF OBLIGATIONS OF THE STATE TO PROTECT HUMAN RIGHTS IN NIGERIA. By

Despite the commendable efforts of individuals and Non-Governmental Organizations (NGOs), the obligation to protect human rights in the country falls squarely on the doorstep of State which in extension means persons exercising legislative, executive and judicial powers. This paper tries to periscope the different obligations of each organ of the State towards the promotion and protection of human rights in Nigeria. The extent to which these obligations are observed and carried out in the actual performance of governmental powers is examined. The methodology used was the gathering and analyzing of information from primary and secondary sources of law (doctrinal method). The findings reveal that the state is the greatest violator of human rights in the country and this was more pronounced during the military rule. It is recommended among others that the right to free education for children and free medical care for the vulnerable groups in the society i.e. children, physically challenged and elderly persons should be made justiciable in our constitution.

Human Rights and Sustainable Democracy in Nigeria (1999 - 2003)

Journal of Social Sciences, 2006

The concern for human rights is as old as humanity itself. In fact, the expression ‘human rights’ as term or art is of recent origin, but the idea of the inalienable rights’ of man predates the very political system, which produces the law-making institutes, as we know them today. The thrust of this paper, however, is to fill the yearning gap in the extant literature on the need to appraise the institutional mechanisms for the safeguard of the inalienable rights’ of man in Nigeria’s contemporary democratic experiment. We juxtaposed same with what obtained in precolonial Africa most especially Nigeria. Following the new thinking in the literature, we also extend our searchlight to groups rights’. Nigeria, being a plural and divided society, the paper, infers that there are a lot of loopholes in the contemporary observance of human rights’, most especially in the present euphoria of the nascent democracy. We however make some policy recommendations that can assist in sustaining, nurtu...

Inalienable and Fundamental Human Rights: An Engagement with the Nigerian Side of the Story

Salient Issues in Government and Nigeria’s Politics, 2019

The development of the international and institutional framework of human rights has been influenced by the political context of time around the world. The international covenants (addressing civil and political rights on the one hand and economic, social and cultural rights on the other) became representative of the different priorities of the West and the East respectively in the years of Cold War. Hence, civil and political rights, often called “first generation rights”, reflect a Western traditional liberal view of the right of the individual in society to life, liberty and freedom of opinion and expression. Economic, social and cultural rights, known as “second generation rights” includes rights to basic necessities such as food and shelter, and social services such as health and education. The economic collapse of the Eastern-bloc countries has led to an erosion of these rights, which were previously guaranteed by the state. There is then a set of third generation of rights, for example those of the minorities and marginalised groups. There is still much disagreement about whether these rights apply equally to everyone and, if they are genuine rights, who are responsible for enforcing them. An engagement of the Nigerian side of the story on issues of inalienable and fundamental human right would begin by asking the fundamental question on the vexed concept of human rights that is widely acclaimed to be based on certain values and has its ancient roots in humanity. While defining human rights and agreeing on what they are forms the subject of continuing debate, scholars agreed that it is concerned with the dignity of the individual- the level of self-esteem that sources personal identity and promotes human community. This chapter therefore explores the notion of human rights, and discusses how the country Nigeria has fared on issues of human rights.

Political Obligation Theory The Practicality in Nigerian historical Perspective

Journal Of Humanities And Social Science (IOSR-JHSS), 2020

ABSTRACT: The theory of political obligation is working differently in Nigeria. Governments in Nigeria since independence do not have the good life of Nigerian citizens in view. This paper examines the practicality of political obligation theory in relation to Nigeriannation. It aimsto do a presentationof the reasons why Nigerian citizens obey the government in Nigeria since these years ago. Nigerian citizens obey the state even when they stand to gain nothing by doing so. Nigerian citizens are coerced to obey the state for fear of punishment which disobedience to law involves. The paper observed that presence of incessant ethnic cleansing, insurgency, militancy, kidnapping, arm robbery, sacking of villages through armed attacks, terrorism, extra judicial killings by the police, assassinations and embezzlementof public fund are signs of loss of legitimacy. Individuals, associations, ethnic militia groups, including the street boys and girls dare the government and indirectlyshow justification to withdraw obedience through the unlawful actions.Most individual Nigerian citizens submit to authority of governance not on condition that it governed wisely and justly, but for reasons of patrimonialism, machine politics, political corruption and fear of fierce punishment by bad political leadership. The paper concludes that with available characteristics of underdevelopment Nigerian government breaks conditions of covenant for governance and so had lost its right to authority though not expressed openly. That if political leaders in Nigeria avoid selfish interests and rule for the common good the citizens will obey the state willingly.

liberal perspective of the Nigerian State

Since it emergence into the political dictionary centuries ago; democracy has been frequently used as a "loose" concept. It has overtime the years developed off-shoots and branches, part of which is liberal-democracy. This study was undertaken to examine the practice of liberal-democracy of the Nigerian State. The study relied on secondary source of data collection. From the findings of this paper, liberal-democracy in the Nigerian state is characterized by problems of corruption, election rigging, ill-preparedness among others, which have hampered the practice. Furthermore, the study pinpoints how these "democratic evils" have been hindering the practice of free-flow democracy. Finally, the study outlines some suggestions to ensure a democracy capable of guaranteeing maximum practice of freedom in the Nigerian state.

THE RIGHT TO SELF DETERMINATION: BALANCING THE LOPSIDED SCALES BETWEENSTATEHOOD AND NATIONHOOD IN NIGERIA

Journal of the Mooting Society University of Lagos, 2017

The right to self-determination of the indigenous people of Nigeria has been a mainstay in Nigerian Legal, Academic, economic and political discourse since before independence. This paper seeks to analyse the interests at work in the rights to self-determination of the indigenous people of Nigeria. The introduction will analyse the history and legal structure on the rights of indigenous people. The body will give an analysis of the present state of affairs in the tussle between the rights to self-determination and the sovereignty of a state. The conclusion of this paper is to recommend an approach that seeks to balance the right to self-determination of individual peoples and tribes that make up Nigeria balanced to protect all the individual tribes that makeup Nigeria and protect the sovereignty of the Federal Republic of Nigeria for peace to truly reign.