intentionally of his life, save in execution of the sentence of a court in respect of a
criminal offence of which he has been found guilty in Nigeria;
The English Magna Carta of 1215, which is one of the earliest national statute
prohibiting deprivation of liberty, provides that “no free man shall be taken or
imprisoned, or deceased of his free hold, or liberties, or free customs, or be outlawed,
or exiled, or be otherwise destroyed; nor will we pass upon him, nor condemn him,
but by the lawful judgment of his peers, or by the law of the land”.
In MAKARATZIS v. GREECE (Application no. 50385/99) JUDGMENT 20
December 2004 the European Court in its decision referring to Article 2 (1) of the
European convention which is pari-materia to Article 4 of the African Charter,
enjoins the State not only to refrain from the intentional and unlawful taking of life,
but also to take appropriate steps within its internal legal order to safeguard the lives
of those within its jurisdiction.
The right to life is protected in all universal and regional core human rights
instruments including , the Universal Declaration of Human Rights, the Internal
Covenant on Civil and Political Rights, The African Charter on Human and People’s
Rights, The European Convention on Human Rights and The Inter-American
Convention on Human Rights. Although expressed in different words and phrases,
the intent is the same.
The right to life is often claimed (and rightly so) to be the most important of all
human rights because it is a pre-condition for the enjoyment of other rights. The
right is not to be interpreted narrowly. It concerns the entitlement of individuals to
be free from acts or omissions intended or expected to cause their unnatural or
premature death as well as enjoy life with dignity.
Article 6 of the International Convention on Civil and Political Rights (ICCPR)
provides as follows:
17