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
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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
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
Para. 27: “This Court has held in many of its flourishing jurisprudence that mere allegation of violation of human rights is sufficient to trigger the jurisdiction of this Court and the Court will assume jurisdiction without necessarily examining the veracity of the allegation. In Kareem Meissa Wade v. Republic of Senegal, ECW/CCJ/JUD/19/13, at pg. 259 Para. 95 (3), this court held that: “Nevertheless, that simply invoking human rights violation in a case suffices to establish the jurisdiction of the Court over that case.” Similarly, In BAKARE SARRE V MALI (2011) CCJELR pg. 57, the court stressed that: “Once human rights violations which involves international or community obligations of a member state is alleged, it will exercise its jurisdiction over the case.” This position is further supported by the decision of the Court in SERAP V. FRN & 4 ORS, (2014) ECW/CCJ/JUD/16/14 where this court held that: “the mere allegation that there has been a violation of human rights in the territory of a member state is sufficient prima facie to justify the jurisdiction of this court on the dispute, surely without any prejudice to the substance and merits of the complaint which has to be determined only after the parties have been given the opportunity to present their case, with full guarantees of fair trial.” See also the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment) and Mamadou Tandja (2010) CCJELR pg. 109 & Bakare Sarre & 28 Ors v. Mali (2011) (CCJELR) pg. 57.”
— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19
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
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
Human rights are part of the common heritage of all mankind without discrimination on grounds of race, sex, religion, and association, etc. See Section 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). These rights common to mankind have a long history. Fundamental Rights are rights which stand above the ordinary laws of the land. They are in fact antecedent to the political society itself. Fundamental rights have been described as the minimum living standard for civilized humanity. The fundamental rights have been enshrined in the Constitution so that the rights could be inalienable and immutable to the extent of the non-immutability of the Constitution.
– Uwani Musa Abba Aji, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016
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