Right Against Discrimination On Basis Of Religion, Tribe, Sex, Or Ethnic Origin

[Olajire Deborah]

Right Against Discrimination On Basis Of Religion, Tribe, Sex, Or Ethnic Origin

The Nigerian Constitution provides that all citizens shall be free from every form of discrimination whether such discrimination is through any law, or through any executive or administrative action of the government or any of its department. Hence, as a citizen, no person can discriminate against you on the basis of your ethnic group to prevent you from enjoying any right or privilege which other ethnic groups are enjoying. As a citizen, no one can discriminate against you on the basis of your religion to prevent you from enjoying what members of other religions are enjoying.

A bona fide citizen of Nigeria cannot be discriminated against on the basis of his place of ethnic origin. Under the Constitution, whatever privileges any other person of a place of origin is entitled to can be extended to you. No one can discriminate against you on the basis of the community where you come from.

No one can discriminate against you on the basis of your political opinion or because of the political party to which you belong. And no one is entitled to discriminate against you on the basis of your sex.

When we talk of discriminations, it can be in form of restrictions. Hence, as a citizen, no one can discriminate against you to restrict you from enjoying whatever privilege any other person is entitled to. For example, no law can be made to forbid a Hausa man from becoming the Governor of Lagos State or an Ibo man from contesting as the Governor of Jigawa State. Under the Constitution, no law can be made to prevent a Northerner from becoming e.g., the Vice Chancellor of UNILAG or UNIBEN or the Managing Director of PHCN or any government parastatal.

No law is allowed to forbid women from reaching any position they aspire to. No law can forbid a woman from being the Governor of a State or the President of the Country. No law can restrict women from becoming Professors or the Managing Directors of public or government-owned companies.
No law is valid under the Constitution if it restricts e.g., a Yoruba man from becoming the Inspector General of Police or Ibo officers from becoming the Chief of Army Staff merely on the basis of their place of origin. No law can be made by any Federal, State or Local Government organ to restrict Christians from joining the Nigeria Police or Army and vice versa, or to restrict any person from a particular section of the country from attaining positions which other sections can attain.

Discrimination also means giving a person from a particular section, religion, sex or place of origin some privileges which are not given to Nigerian citizens from other sections, religions, sex or places of origin. Hence, the Constitution expressly makes it clear that it is unconstitutional to accord to persons of a particular community, ethnic group, place of origin, sex, religion or political opinion any privilege or advantage that is not accorded to citizens of other communities, ethnic groups, places of origin, sex, religious or political opinions, either expressly by or in the practical application of any law in force in Nigeria or any executive or administrative action. For example, a law of the Federal, State or any Local Government cannot give employment to people of a particular community, religion or section to the exclusion of others.

Any law that seeks to discriminate against other Nigerian citizens is unconstitutional and therefore invalid. Any action by the President, Governors or any Local Government Chairman which expressly or by implication discriminates against other Nigerians is invalid and liable to be set aside by the court. Any administrative action taken by any government establishment or department which expressly or by implication discriminates against other people is unconstitutional and therefore wrong.

Discriminations here can also be in form of disabilities, i.e., expressly or by implication disabling citizens from other ethnic groups, religion, sex or place of origin from enjoying privileges enjoyed by others. For example, it is unconstitutional for any law to be made which disables women from joining the police force. It is wrong for a law to be made which says only Yoruba, Ibos and Hausas are permitted to be Governor of a State, to the exclusion of the other ethnic groups. It is wrong and unconstitutional for any law or executive or administrative action to declare that one cannot be made a Director General unless he is a Christian.

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