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Protected Human Rights as a Legal Mechanism for Securing Telecommunications Access in Nigeria Rural Communities

Chineze Hildagard Desmond-Ihekaire

Abstract

The importance of telecommunications to personal, economic, educational political, social and cultural development cannot be over emphasized. This is because of the central role of telecoms in communications especially across physical and remote boundaries. Inappropriately, most rural communities do not have access to stable telecom services. This is due to several challenges particularly infrastructural gaps and deficiencies. The reasons are largely because, business speculators and advisory agencies discriminate against rural communities in telecommunication expansion as investments are not recouped speedily because of the volume of turnover as those in the rural areas do not have much resources to acquire telecommunication gadgets and do not consume telecommunications services as much as those in the cities. The objective of this research was to provide a human rights perspective to securing telecoms access in Nigerian rural communities. The doctrinal method of research was adopted. The research found that the Constitution of the Federal Republic of Nigeria 1999 (as amended) protects the right to freedom of expression. However, it fails to impose any binding obligation on the State to provide infrastructure for modern means of expression such as telecommunication access. Secondly, in Nigeria the Right to Education has been penciled both as a fundamental objective and directive principles of state policy and a legal right by the 1999 constitution. Furthermore, under the Compulsory, Free Universal Basic Education Act, 2004 and the Child Rights Act, 2003, basic education (primary and secondary school) are compulsory for all Nigerian Children and parents or guardians who fail to comply can be penalized. We are in a digital age where right to education cannot be enjoyed without telecommunication access and this is more so, where major qualifications examinations like Joint Admissions and Matriculation Board Examinations are done through digital means and both JAMB and

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