Fundamental right enforcement has a special procedure enthroned under the Constitution of the Federal Republic of Nigeria 1999 to facilitate the exercise of one’s right as dispensed under Chapter IV of the Constitution. The rights themselves are the basic and fundamental human rights which inhere in every human being. These rights are in place because of the elevated nature of human beings above other creatures occupying the earth.
— S.J. Adah, JCA. Udo v Robson (2018) – CA/C/302/2013
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The purport of Section 34(1)(a) of the Constitution is that no one should be inflicted with intense pain on his body or mind nor subjected to physical or mental cruelty so severe that it endangers his life or health. Anything amounting to brutalization is synonymous to torture or inhuman treatment and is actionable under the claim for Fundamental Human Rights as provided for by the 1999 Constitution of the Federal Republic of Nigeria (as amended). KALU V. THE STATE (1998) 13 NNLR (PT. 583) @ 531.
— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017
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 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
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.”
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
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”.
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