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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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.”
The Respondent admitted that he intended to escape when he was been beaten by the police. Investigation by the police does not include beating. Therefore if the respondent intended to escape from such brutality which constituted violation of his fundamental right, he committed no wrong.
— P.A. Galinje, JSC. State v Masiga (2017) – SC
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 102; FAJEMIROKUN V. COMM. BANK (NIG.) LTD. (2009) 21 WRN 1. Fundamental rights stand above the ordinary laws of the land. RANSOME KUTI V. A.G. FEDERATION (1985) 2 NWLR (PT. 6) 211. These rights are so jealously guarded that no citizen can be shut out from seeking redress when his fundamental right has been allegedly breached unless he suffers any constitutional disability like when he is sentenced to flogging or hard labour by a Court of competent jurisdiction.
— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017
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)
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 action on infringement or contravention of Fundamental Rights. To be specific, no Nigeria family or any foreign family has the locus to commence action under Chapter IV of the Constitution or by virtue of the 1979 Rules. The provisions of Chapter 4 cover individuals and not a group or collection of individuals. The expression ‘every individual’, ‘every person’, ‘any person’, ‘every citizen’ are so clear that a family unit is never anticipated or contemplated”.
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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