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MAKING NYSC FEMALE CORPS COMPLY WITH TROUSER WEARING, DESPITE OBJECTION, IS BREACH OF RIGHTS TO RELIGION

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The NYSC has been forcing their female members to dress on trousers contrary to their religious right encapsulated under section 38 of the 1999 Constitution. It must firmly assert here that these female corps members were solely and singularly trained and financed by their parents and brought up in their respective religious beliefs that some have never worn trousers in their lives. To make them comply with the compulsory trouser-wearing of all NYSC corps members is a violation of their rights to freedom of religion. In the same light, to compel school students or undergraduates or pupils to dress in a manner contrary to their religious beliefs is to violate their fundamental rights. This applies even where the institution is private or government owned.

– Uwani Musa Abba Aji, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016

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human rights

ARTICLE 19 – 24 AFRICAN CHARTER ARE RIGHTS OF PEOPLE RATHER THAN INDIVIDUAL

Para. 24: In Kemi Penheiro SAN V. Republic of Ghana, ECW/CCJ/JUD/11/12 (2012) (unreported), where the Applicant alleged the violation of Articles 20 and 22 of the African Charter, the Court stressed that it is opinio juris communis that the rights referred to in Articles 19-24 of the African Charter are rights of (all) “peoples” in contrast to the rights of “every individual”, “every human being”, or “every citizen” proclaimed in Article 2-17.

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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 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

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ONLY FUNDAMENTAL RIGHTS CAN COME THROUGH THE FUNDAMENTAL PROCEDURE RULES

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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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

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BREACH OF CHAPTER IV RIGHTS CAN COME BEFORE THE FHC OR HIGH COURT

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)

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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 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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