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ONLY FUNDAMENTAL RIGHTS CAN COME THROUGH THE FUNDAMENTAL PROCEDURE RULES

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It is also settled law that for an action to be properly brought under the Fundamental Rights (Enforcement Procedure) Rules, 2009, (as was done by the Applicants at the trial Court), it must relate to infringement of any of the fundamental rights guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). See: UNIVERSITY OF ILORIN and ORS v. IDOWU OLUWADARE (2006) 14 NWLR (Pt.100) 751; ACHEBE v. NWOSU (2003) 7 NWLR (Pt. 818) 103; ADEYANJU v. WAEC (2002) 13 NWLR (Pt.785) 479; and DIRECTOR, SSS v. AGBAKOBA (1999) 3 NWLR (Pt. 595) 314. In other words, for an action to be cognizable under the fundamental rights procedure, the infringement of any of the rights under Chapter IV of CFRN, 1999 must be the primary wrong forming the basis of the claim.

— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

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human rights

FHC & HIGH COURT HAVE CONCURRENT JURISDICTION ON HUMAN RIGHTS ISSUES

A community reading of Section 46 of the 1999 Constitution and Order 1(2) of the Fundamental Rights Enforcement Procedure Rules would reveal undisputedly that both the Federal High Court and the High Court of a State have concurrent jurisdiction on matters of breach or likely breach of any of the fundamental rights enshrined in Chapter IV of the Constitution. This has been the consistent position of this Court upheld in an avalanche of cases, some of which are Grace Jack v. University of Agriculture, Makurdi (2004) 17 NSCQR 90 at 100; (2004) 5 NWLR (Pt. 865) 208; Olutola v. University of Ilorin (2004) 18 NWLR (Pt. 905) 416, Ogugu v. The State (1994) 9 NWLR (Pt. 366) 1.

– J.I. Okoro JSC. Ihim v. Maduagwu (2021)

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MAKING NYSC FEMALE CORPS COMPLY WITH TROUSER WEARING, DESPITE OBJECTION, IS BREACH OF RIGHTS TO RELIGION

The NYSC has been forcing their female members to dress on trousers contrary to their religious right encapsulated under section 38 of the 1999 Constitution. It must firmly assert here that these female corps members were solely and singularly trained and financed by their parents and brought up in their respective religious beliefs that some have never worn trousers in their lives. To make them comply with the compulsory trouser-wearing of all NYSC corps members is a violation of their rights to freedom of religion. In the same light, to compel school students or undergraduates or pupils to dress in a manner contrary to their religious beliefs is to violate their fundamental rights. This applies even where the institution is private or government owned.

– Uwani Musa Abba Aji, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016

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ALLEGATION OF BREACH OF RIGHT TO LIFE DOES NOT MEAN ACTUAL LOSS OF LIFE

Para. 53: “The rights to life, health and dignity are intertwined such that a violation of one can lead to the violation of the other. It follows that the enjoyment of a healthy life is dependent on the ability to afford good medical services which in turn is dependent on the financial security sufficient for maintenance of good health. Payment of pension implicates the ability of pensioners to enjoy these guarantees. The allegation of the violation of the right to life does not necessarily entail the actual loss of life or merely physical act of breathing, neither does it connote mere animal existence or continued drudgery through life. It has a wider meaning which includes right to live with human dignity, right to livelihood, right to health and many more. Consequently, the refusal to pay retirement benefits can occasion the violation of the right to health and thus a violation of the right to life. Of course the dignity of a person is implicated if due to lack of means traceable to denial of pension, the person becomes a relic of the society falling from his/her ordinary standard in life with the likelihood of becoming a beggar.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

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FREEDOM OF CHOICE IS CONSTITUTIONAL – ONE CANNOT BE FORCED TO ASSOCIATE

Nobody can be compelled to associate with other persons against his will. Our Constitution guarantees every citizen that freedom of choice. Accordingly any purported drafting of any person into an association against his will even if by operation of customary law is in conflict with the provisions of Section 26(1) of the Constitution, 1963 and is void.

– Karibe-Whyte JSC.Agbai v. Okogbue (1991) – SC 104/1989

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PURPORT OF SECTION 34 OF CFRN – RIGHT TO DIGNITY

The purport of Section 34(1)(a) of the Constitution is that no one should be inflicted with intense pain on his body or mind nor subjected to physical or mental cruelty so severe that it endangers his life or health. Anything amounting to brutalization is synonymous to torture or inhuman treatment and is actionable under the claim for Fundamental Human Rights as provided for by the 1999 Constitution of the Federal Republic of Nigeria (as amended). KALU V. THE STATE (1998) 13 NNLR (PT. 583) @ 531.

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

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FUNDAMENTAL RIGHTS ENFORCEMENT HAS SPECIAL ENFORCEMENT PROCEDURES

Fundamental right enforcement has a special procedure enthroned under the Constitution of the Federal Republic of Nigeria 1999 to facilitate the exercise of one’s right as dispensed under Chapter IV of the Constitution. The rights themselves are the basic and fundamental human rights which inhere in every human being. These rights are in place because of the elevated nature of human beings above other creatures occupying the earth.

— S.J. Adah, JCA. Udo v Robson (2018) – CA/C/302/2013

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