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”.
NATURE OF FUNDAMENTAL RIGHTS IN THE NIGERIAN CONSTITUTION
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