Human Rights in Nigeria’s Cyberspace: An Overview

Abstract

Human Rights in cyberspace deals with the applicability of human rights and basic freedoms in cyberspace. Individuals are entitled to exercise and enjoy human rights and fundamental freedoms in cyberspace, just as they do in the physical or real space. The aim of this paper is to give an overview of human rights in cyberspace, with a particular touch on the applicability of the human rights in Nigeria’s cyberspace. The paper’s fundamental objectives are to ascertain whether the human rights provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 1983, the Child Rights’ Act 2003, and so on apply in Nigeria’s cyberspace; examine whether regional and international human rights treaties or instruments ratified by Nigeria apply in cyberspace, to ascertain human rights being implicated in cyber-operations in Nigeria. The doctrinal research methodology was adopted. The paper finds that the human rights provisions of the Nigerian Constitution, particularly sections 37-43apply in Nigeria’s cyberspace. It also finds that other national human rights law such as Child Rights’ Act 2003,African Charter on Human and Peoples’ Rights (Ratificationand Enforcement) Act 1983 as well as regional, international and customary international human rights norms apply in Nigeria’s cyberspace. Itfurther finds that the right to privacy, right to freedom of expression, right to peaceful assembly and association, right to freedom from discrimination and right to freedom of thought, conscience and religion are mostly implicated in cyberoperations in Nigeria. The paper concludes that national, regional (African Union Human Rights Laws) and international human rights Laws apply in Nigeria’s cyberspace and that Nigeria has obligation to respect, protect and fulfill the human rights of persons within its territory in cyberspace. It is recommended that Nigeria’s law enforcement agencies be trained and re-trained in the areas of respect and protection of human rights in Nigeria’s cyberspace via the adoption and deployment of the best technological equipments and practices to ensure cyberspace security in Nigeria.

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