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NATURE OF FUNDAMENTAL RIGHTS IN THE NIGERIAN CONSTITUTION

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Dictum

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

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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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A FAMILY AS A UNIT CANNOT COMMENCE FUNDAMENTAL HUMAN RIGHTS APPLICATION

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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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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SELF-DETERMINATION IS THE RIGHT OF PEOPLE TO DETERMINE THEIR DESTINY

Para. 24: “Self-determination on its own denotes the legal right of a people to decide their own destiny in the international order. Under the United Nations Charter and the International Covenant on Civil and Political Rights, self-determination is protected as a right of “all peoples.” It refers to the rights of people indigenous to an area to determine their destiny. Indigenous peoples’ rights are collective rights. In other words, they are vested in indigenous persons that organize themselves as peoples. With the adoption of the UN Declaration on the right of indigenous people, the international community clearly affirms that indigenous peoples require recognition of their collective rights as peoples to enable them to enjoy human rights.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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PURPORT OF SECTION 34 OF CFRN – RIGHT TO DIGNITY

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

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