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ONLY FUNDAMENTAL RIGHTS CAN COME THROUGH THE FUNDAMENTAL PROCEDURE RULES

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Dictum

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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ARTICLE 19 – 24 AFRICAN CHARTER ARE RIGHTS OF PEOPLE RATHER THAN INDIVIDUAL

Para. 24: In Kemi Penheiro SAN V. Republic of Ghana, ECW/CCJ/JUD/11/12 (2012) (unreported), where the Applicant alleged the violation of Articles 20 and 22 of the African Charter, the Court stressed that it is opinio juris communis that the rights referred to in Articles 19-24 of the African Charter are rights of (all) “peoples” in contrast to the rights of “every individual”, “every human being”, or “every citizen” proclaimed in Article 2-17.

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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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MERE LETTER OF INVITATION FROM EFCC DOES NOT CONSTITUTE ABUSE OF LAW/FUNDAMENTAL RIGHT

Upon a critical consideration of the entirety of the submission of Learned counsel in this case vis-a-vis the facts and circumstances of the case, I hold the view that there is no doubt that a mere letter of invitation from the 3rd Respondent to the 1st and 2nd Respondents did not constitute abuse of the process of law, and/or breach of fundamental right.

— S.D. Bage JSC. Diamond Bank Plc V. H.R.H. Eze (Dr) Peter Opara & Ors. (SC.375/2012, 9 March 2018)

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ONLY BREACH OF FUNDAMENTAL RIGHTS CAN BE ENFORCED THROUGH FREP

It is trite that it is only actions founded on a breach of the fundamental rights guaranteed in the Constitution that can be enforced under the Rules. The facts relied upon by an applicant must therefore disclose a breach of his fundamental right as the basis for his claim. Where the facts relied upon discloses a breach of the fundamental right of the Applicant as the basis of the claim, there exists a redress through the Fundamental Rights Enforcement Procedure. Where the alleged breach of right is ancillary or incidental to the main grievance or complaint, it is incompetent to proceed under the rules. See SEA TRUCKS NIGERIA LIMITED v. ANIGBORO (2001) 2 NWLR (PT. 696) 189; WEST AFRICAN EXAMINATIONS COUNCIL v. AKINKUMI (2008) 9 NWLR (PT. 1091) 151; NWACHUKWU v. NWACHUKWU (2018) 17 NWLR (PT. 1648) 357.

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

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BREACH OF CHAPTER IV RIGHTS CAN COME BEFORE THE FHC OR HIGH COURT

Anyone whose “Chapter IV Rights” have been, are being or likely to be contravened has unfettered access to a High Court for redress “High Court” is defined in Section 46(3) of the 1999 Constitution (the 1979) Constitution had the same Provisions to mean “the Federal High Court” or “the High Court of a State”.

– Ngwuta JSC. Ihim v. Maduagwu (2021)

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WHAT IS LIBERTY OF THE PERSON? – (ECOWAS Court)

The General Comment No 35 of the Human Right Committee on Art 9 of the Convention on the right to liberty and security of persons (which is pari material to Art 6 of the Charter) states that as follows; . “Liberty of person concerns freedom from confinement of the body, Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity. The right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained.”

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