THE RIGHT TO LIFE: A COMPARATIVE STUDY OF THE FEDERAL REPUBLIC OF NIGERIA, THE REPUBLIC OF KENYA AND THE REPUBLIC OF GHANA

Abstract

The sanctity of human life is a non-negotiable affair either globally, regionally or nationally. This settled stance explains why the right to life is recognized, documented and safeguarded all around the world through various international instruments and constitutional documents. Intrinsically, the right has been globally circumscribed to be the mother of all rights without which the true actualization of other human rights would be meaningless, if not illusory. This right to life amply and focusedly is expatiated in this paper, more particularly within the context of Africa, using both doctrinal and comparative research methods; paying special comparative attention to the three jurisdictions of the Federal Republic of Nigeria, Republic of Ghana and the Republic of Kenya. Holistically, the author in essence finds that while this right is truly indissoluble and inalienable, it is still subject to certain specific limitations and qualifications that tend to legally show that the right is never absolute but qualified.  Fundamentally, the paper further appraises the antithetical concepts of abortion, euthanasia and suicide vis-à-vis the inviolability of human life. It analogically finds these concepts to be outlawed and criminalized in the three jurisdictions of focus, subject to reasonable purposeful exceptions in the case of abortion. It practically recommends useful reforms tailored towards the maximum observance, safeguard and realization of this fundamental freedom.