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...

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SELF-DETERMINATION IS THE RIGHT OF PEOPLE TO DETERMINE THEIR DESTINY

Para. 24: “Self-determination on its own denotes the legal right of a people to decide their own destiny in the international order. Under the United Nations Charter and the International Covenant on Civil and Political Rights, self-determination is protected as a right of “all peoples.” It refers to the rights of people indigenous to an area to determine their destiny. Indigenous peoples’ rights are collective rights. In other words, they are vested in indigenous persons that organize themselves as peoples. With the adoption of the UN Declaration on the right of indigenous people, the international community clearly affirms that indigenous peoples require recognition of their collective rights as peoples to enable them to enjoy human rights.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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PRINCIPAL RELIEF MUST BE FUNDAMENTAL RIGHTS IN ORDER TO COME UNDER FREP RULES

The position of the law is that for a claim to qualify as falling under fundamental rights, it must be clear that the principal relief sought is for the enforcement or for securing the enforcement of a fundamental right and not, from the nature of the claim, to redress a grievance that is ancillary to...

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FUNDAMENTAL RIGHTS SUIT CANNOT BE FILED JOINTLY

The earlier position of this Court is that fundamental rights accrue to citizens individually and by lumping the applications together, the Respondents rendered their application incompetent. — J.O.K. Oyewole, JCA. Udo v Robson (2018) – CA/C/302/2013 Was this dictum helpful? Yes 0 No 0...

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A FAMILY AS A UNIT CANNOT COMMENCE FUNDAMENTAL HUMAN RIGHTS APPLICATION

In the case of OKECHUKWU v ETUKOKWU (1998) 8 NWLR 23 (2018) LPELR 45183 (CA) PART 562, PAGE 511, it was held amongst others per Niki Tobi, JCA (as he then was) that: “As I indicated above, the Umunwanne family is the centre of the whole matter. A family as a unit cannot commence an...

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FUNDAMENTAL HUMAN RIGHT STAND ABOVE THE ORDINARY LAW OF THE LAND

I will reiterate that a fundamental right is a right guaranteed in the Nigerian Constitution. It is a right which every citizen is entitled to by reason of being a human being unless when a person suffers any of the disabilities set out in the Constitution. ODOGU V. A.G. FEDERATION (2000) 2 HRLRA 82 AT...

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

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PURPORT OF SECTION 34 OF CFRN – RIGHT TO DIGNITY

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SELF-DETERMINATION IS THE RIGHT OF PEOPLE TO DETERMINE THEIR DESTINY

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PRINCIPAL RELIEF MUST BE FUNDAMENTAL RIGHTS IN ORDER TO COME UNDER FREP RULES

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FUNDAMENTAL RIGHTS SUIT CANNOT BE FILED JOINTLY

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A FAMILY AS A UNIT CANNOT COMMENCE FUNDAMENTAL HUMAN RIGHTS APPLICATION

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FUNDAMENTAL HUMAN RIGHT STAND ABOVE THE ORDINARY LAW OF THE LAND

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