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

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Dictum

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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INTENTION TO ESCAPE FROM BRUTALITY

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

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.”

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