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
SHARE ON
Competent authorities or Government must justify derogation from the fundamental rights of citizens by showing facts suggesting that the act or policy complained of is reasonably justifiable in a democratic society. It must be shown that the derogation is in the interest of public safety, public order, public morality or public health, or that the policy or action is for the purpose of protecting the rights and freedom of other persons as required by section 45 (1) (a) and (b) of the constitution of the Federal Republic of Nigeria 1999 (as amended).
– Tijjani Abubakar, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016
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
Para. 53: “The rights to life, health and dignity are intertwined such that a violation of one can lead to the violation of the other. It follows that the enjoyment of a healthy life is dependent on the ability to afford good medical services which in turn is dependent on the financial security sufficient for maintenance of good health. Payment of pension implicates the ability of pensioners to enjoy these guarantees. The allegation of the violation of the right to life does not necessarily entail the actual loss of life or merely physical act of breathing, neither does it connote mere animal existence or continued drudgery through life. It has a wider meaning which includes right to live with human dignity, right to livelihood, right to health and many more. Consequently, the refusal to pay retirement benefits can occasion the violation of the right to health and thus a violation of the right to life. Of course the dignity of a person is implicated if due to lack of means traceable to denial of pension, the person becomes a relic of the society falling from his/her ordinary standard in life with the likelihood of becoming a beggar.”
— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19
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.”
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
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
Click the icons to like, follow, and join JPoetry