Fundamental Rights Enforcement

The fundamental rights of citizen of Nigeria are protected by chapter IV of the constitution of the Federal Republic of Nigeria 1999. The fundamental rights of the people are also protected by the African Charter of Human and the people rights.

By virtue of chapter IV of the 1999 constitution, these rights are inviolable and inalienable except as permitted by law, once a person is not under any disability listed in the constitution, the person’s rights are inviolable.

Once a person believes that his fundamental rights has been violated he can apply for the enforcement of his right in the court of law. Usually, it is the superior court of record that can enforce the fundamental rights of the person. The fundamental rights of a citizen can be enforced either in the state high Court or Federal High Court.

The 1999 constitution confers jurisdiction on either of the aforementioned court.

Interestingly, the fundamental rights of the citizen can be enforced once there is a breach of any of the provisions of the constitution.

The court held in Barwo Radio TV Corporation V. Egbuonu (1991) 2 NWLR PT 171.81 that the rules are applicable once a breach of any of the provisions of the constitution is a claim even though other claims are also made.

In most cases, applicants for enforcement of fundamental rights are persons that are unlawfully detained in police custodies and denied bail. In the case of unlawful detention, the person’s right to personal liberty protected by section 35 (1) and the right to the freedom of movement protected by section 41 of the 1999 constitution, have been violated.

The individual whose right has been violated can apply for enforcement through the fundamental Rights (Enforcement Procedure) Rules 2009.

The individual whose right is violated could seek a declarative relief: A declaration that his arrest and detention was unlawful, illegal therefore null and void, see the case of Odogu V. Federation & ORS (2000) 2 HRLA 82 AT 102 and that of Federal Minister of Internal Affairs V. Darman (1982) 3 NCLR 915 at 949.

Another relief that can be sought by the applicant against the respondents is an order directing the latter to render public apology to the former.

Section 35 (6) provides: “Any person who is unlawfully arrest or detained shall be entitled to compensation and public apology from the appropriate authority …” Thus principle explicates itself in the case of Isenalumbe V. Joyce Amadin (2001) 1 CHR 458.

The applicant can also seek an order of injunction to restrain the respondents from the unlawful act. Fundamental Rights can be enforced against government agencies as well as private individuals.

It must be appreciated that the enforcement of fundamental rights of an individual has been made accessible and the Courts Obligated to treat it with dispatch.