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A GUARANTEED RIGHT COULD BE DEROGATED FROM

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Para. 44: “The Court is not unmindful of the fact that a right might be guaranteed but it can be derogated from if provided for by law, and if necessary; in a democratic society.”

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

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WHEN IS THERE DISPUTE BETWEEN THE FEDERATION & A STATE

In Attorney-General of the Federation v Attorney-General of Imo State (1983) 4 NCLR 178, it was held that before the original jurisdiction of the Supreme Court can be invoked under section 212 of the 1979 Constitution, the following criteria must be satisfied:- “(1) There must be a justiciable dispute involving any question of law or...

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TWO WRONGS DO NOT MAKE A RIGHT – GARBA’S CASE

As the students were wrong in going on a rampage, the University Authorities will on their own part be wrong in using means other than those allowed them by law in dealing with the disturbance. Two wrongs, they say, do not make one right. – Oputa, J.S.C. Garba & Ors. v. The University Of Maiduguri...

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DNA TEST AND THE RIGHT TO PRIVACY

Certainly, Appellant cannot be allowed such whimsical past time, as it has no place in law. It is unimaginable for a Court to order two unwilling adults or senior citizens to submit to DNA test, in defiance of their fundamental rights to privacy for the purpose of extracting scientific evidence to assist Appellant to confirm...

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CITIZEN’S RIGHT TO REMAIN SILENT

The citizen’s right to remain silent has for long been firmly recognised and established under the common law. In Rice v. Connolly (1966) 2 All E.R. 649 at p.652, the Lord Chief Justice opined: “The whole basis of the common law is the right of the individual to refuse to answer questions put to him...

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CHANGE IN LAW DOES NOT NULLIFY RIGHTS BASED ON THE OLD LAW

When the Supreme Court departs from its earlier decision on a point, the departure does not operate to generally overrule and nullify all previous decisions that followed the earlier decision it has departed from. The departure serves to chart a new direction to be followed without affecting the previous status quo. If the new decision...

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CORPORATE BODIES HAVE THE RIGHT TO SUE FOR INFRINGEMENT OF FUNDAMENTAL RIGHTS

In Okechukwu vs. EFCC (2015) 18 NWLR (Pt 1490), the Court of Appeal held as follows – “Assuming a limited liability company is involved in a case where it was denied fair hearing, it has the right to sue for breach of its fundamental right to fair hearing. Again if the processes filed by the...

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