The Limit of Rights

So this morning I was listening to the news when I came across the news about this lawyer yesterday in a federal high Court in Lagos. The story is that the Supreme Court last week ruled in favour of Muslim students wearing their hijab to schools.

The court cited the section of the constitution that talks about fundamental human rights like the right to religion and used it as basis for making the judgment. So yesterday this lawyer who's a traditional worshiper decided to appear in court dressed like a native doctor.

The result was that the judges out of confusion adjourned the court and went on recess after he walked into the premises with ma y people scampering for safety.

When asked why he dressed to court like that, he cited the Supreme Court judgement, stating that that judgement has given everyone the religious freedom to dress according to their religion to anywhere including schools.

This got me thinking about our laws and the fundamental human rights especially in a democratic setting like ours. I mean growing up I got the impression that our fundamental rights were limitless and we could utilize them anyhow we want. The rights to life, right to shelter, freedom of speech, freedom of religion, freedom of association etc, are always touted as unlimited rights. But then,

• How free is freedom of speech? At what point does it become slander or libel or hate speech? At what point does it become defamation of character?

• How entitled are we to shelter? If it's truly a right, why do we have so many homeless people littering our streets? Why do we pay rent even in government owned buildings/estates?

• How free are we to associate with anyone? At what point do we become an accomplice? If we're really free to associate, why then do we have guilty by association?

These are the different fundamental rights that are being touted everytime especially by human rights activists as being essential but then the realities are always the different. I have seen people mobbed for having differing religious views and being charged with blasphemy.

• I have seen people being charged with felony and hate speech for just airing their views on public relations issues and for criticizing the powers that be.

• I have seen people being arrested just for the simple reason that they were seen with others who were criminals even when they were not complicit.

• I have seen people being murdered in cold blood and the defense counsel arguing self defense in court, with the culprit walking away free.

All these are to show that the laws are never perfect. It is created by a few for the control of the many. As Thomas Hobbes said

"it is not wisdom but Authority that makes law".

• So in everything that you do and in observing and utilizing your rights let it be in modesty.

• If you want to talk especially in public, be modest, and guard your tongue.

• If you want to associate with people, be careful and try to really know the people you hang out with.

Worship your God and exercise your religious freedom in humility and personal reverence without judgement of differing views.

A little advice to our judicial system, they should be careful of the judgement they pass and try to eschew any kind of sentiments in a delivering judgements so they don't set the wrong precedents for the future.

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