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SUBJECTION OF THE RIGHT TO LIFE – EXECUTION OF THE SENTENCE OF THE COURT

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Under section 30(1) of the Constitution, therefore, the right to life, although fully guaranteed is nevertheless subject to the execution of a death sentence of a court of law in respect of a criminal offence of which one has been found guilty in Nigeria. The qualifying word, save, used in section 30(1) seems to me to be the unmistakable key to the construction of that provision. In my view it is plain that the 1979 Constitution can by no stretch of the imagination be said to have proscribed or outlawed the death penalty. On the contrary, section 30(1) of the Constitution permits it in the clearest possible terms, so long as it is inflicted pursuant to the sentence of a court of law in Nigeria in a criminal offence. In other words, section 30(1) of the Constitution recognises the death penalty as a form of punishment but only on the condition that it is in execution of the sentence of a court of law in a criminal offence of which an accused person has been found guilty in Nigeria. The plain meaning of this section of the Constitution cannot be derogated from in the absence of any ambiguity whatsoever. It simply guarantees and protects the right to life. But it also recognises deprivation of life so long as it is pursuant to the execution of the sentence of a court in a criminal offence of which the accused has been found guilty in Nigeria.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996

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human rights

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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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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FUNDAMENTAL HUMAN RIGHT STAND ABOVE THE ORDINARY LAW OF THE LAND

I will reiterate that a fundamental right is a right guaranteed in the Nigerian Constitution. It is a right which every citizen is entitled to by reason of being a human being unless when a person suffers any of the disabilities set out in the Constitution. ODOGU V. A.G. FEDERATION (2000) 2 HRLRA 82 AT 102; FAJEMIROKUN V. COMM. BANK (NIG.) LTD. (2009) 21 WRN 1. Fundamental rights stand above the ordinary laws of the land. RANSOME KUTI V. A.G. FEDERATION (1985) 2 NWLR (PT. 6) 211. These rights are so jealously guarded that no citizen can be shut out from seeking redress when his fundamental right has been allegedly breached unless he suffers any constitutional disability like when he is sentenced to flogging or hard labour by a Court of competent jurisdiction.

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

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FUNDAMENTAL RIGHTS ENFORCEMENT HAS SPECIAL ENFORCEMENT PROCEDURES

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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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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BREACH OF CHAPTER IV RIGHTS CAN COME BEFORE THE FHC OR HIGH COURT

Anyone whose “Chapter IV Rights” have been, are being or likely to be contravened has unfettered access to a High Court for redress “High Court” is defined in Section 46(3) of the 1999 Constitution (the 1979) Constitution had the same Provisions to mean “the Federal High Court” or “the High Court of a State”.

– Ngwuta JSC. Ihim v. Maduagwu (2021)

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