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 the principal relief which itself is not ipso facto a claim for the enforcement of fundamental right. Thus, where the alleged breach of a fundamental right is ancillary or incidental to the substantive claim of the ordinary civil or common law nature, it will be incompetent to constitute the claim as one for the enforcement of a fundamental right: See Federal Republic of Nigeria & Anor v. Ifegwu (2003) 15 NWI.R (Pt. 842) 113, at 180; Tukor v. Government of Taraba State (1997) 6 NWLR (Pt. 510) 549; and Sea Trucks (Nig) Ltd v. Anigboro (2001) 2 NWLR) Pt. 696) 159.

– S.A. Akintan, JSC. Abdulhamid v Akar & Anor. (2006) – S.C. 240/2001

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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

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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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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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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

DEROGATION FROM THE FUNDAMENTAL RIGHTS OF A CITIZEN MUST BE SHOWN TO BE IN PUBLIC INTEREST

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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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PURPORT OF SECTION 34 OF CFRN – RIGHT TO DIGNITY

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FUNDAMENTAL RIGHTS ENFORCEMENT HAS SPECIAL ENFORCEMENT PROCEDURES

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

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

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