Panegyric Tome: Ime Umanah Law Journal

IME UMANAH CHAMBERS

LAW JOURNAL

VOLUME 1, 2018

THIS JOURNAL MAY BE CITED AS

(2018) 1 IUCLJ

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Panegyric Tome

By Ime Umanah Chambers

Copyright 2018 Ime Umanah Chambers

Smashwords Edition

Thank you for downloading this ebook. This book remains the copyrighted property of the author, and may not be transmitted in any form or by any means, electronic or mechanical including printing, recording or any retrieval system without the permission of the Publisher

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EDITORIAL COMMITTEE

Aniekan Udo-Okon - Chairman

Amelia James -Secretary

Ubong Udoh -Member

Oscar Udoinyang -Member

Sophia Udolisa -Member

Mmeyene Maurice -Member

Inimfon Sampson - Member

Kingsley Ekpema -Member

Golibe Onwugbufor -Member

Emediong Basssey - Member

Michelle Daniel - Member

Esther Eyakndue - Member

TABLE OF CONTENTS

1. AN OVERVIEW OF THE ENFORCEMENT PROCEDURE OF FUNDAMENTAL RIGHTS IN NIGERIA.

- Ernest, Life Sampson

2. ARTIFICIAL INTELLIGENCE: AN IRONCLAD IN THE LEGAL PROFESSION; THE FUTURE OF LAWYERS IN NIGERIA AND THE WORLD AT LARGE.

- Ekanem, David David

3. IS THE 21ST CENTURY LAWYER A PROFESSIONAL, A BUSINESSMAN PROVIDING A PROFESSIONAL SERVICE OR JUST A BUSINESSMAN?

- Kelechi Ibe Esq

4. REPRODUCTIVE RIGHTS: AN APPRAISAL OF THE FATE OF THE UNBORN WITHIN THE NIGERIAN LEGAL SYSTEM

-Udo-Okon, Aniekan Emmanuel

5. SUSTAINABLE ECONOMIC DEVELOPMENT IN NIGERIA: WILL ANTI-TRUST LAWS AID OR DETER?

-Kelechi Ibe Esq

6.THE SAME-SEX MARRIAGE (PROHIBITION) ACT 2014: A RETHINK?

-Elvis Ozurunoye

7.MILITARIZATION OF THE OUTER SPACE IN AN ERA OF ARMS RACE: NEED FOR STRINGENT REGULATIONS

-Orok, Felix Effiong

AN OVERVIEW OF THE ENFORCEMENT PROCEDURE OF FUNDAMENTAL RIGHTS IN NIGERIA.

By

Ernest, Life Sampson

Abstract

In an attempt to limit the flagrant breach of fundamental rights that existed before now, particularly in Nigeria, the Fundamental Rights (Enforcement Procedure) Rules was introduced first in 1979. Prior to 1979, Human Rights were enforced through the medium of the prerogative writs of mandamus, Habeas Corpus, etc. However certain technical defects in the 1979 Rules brought about the 2009 Rules.

Undoubtedly the enforcement proceedings of Fundamental Rights is guided by the Fundamental Rights (Enforcement Procedure) Rules, 2009 made pursuant to s.46(3) of the 1999 Constitution of the Federal Republic of Nigeria by the then Chief Justice of Nigeria in person of Honorable Justice Idris Legbo Kutigi, GCON on the 11th day of November, 2009. It goes without saying that the 2009 Rules have made it easier for the enforcement of Fundamental Rights in Nigeria.

This paper is an overview of the enforcement proceedings of Fundamental Rights in Nigeria and consequently an overview of the provisions of the 2009 Rules. It highlights the reformative merits of the rules as well as its shortcomings with recommendations as to how to tackle these shortcomings.

Introduction

Every human being on earth has certain rights which are recognized by law to be fundamental. It is in this same spirit that the UDHR stated that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. In Nigeria, these rights are recognized by the 1999 Constitution of the Federal Republic of Nigeria as amended, in chapter 4(ss.33-46). These Fundamental rights are inalienable and guaranteed to every person. Human rights are also provided for and protected by various instruments; statutes; and treaties of which Nigeria is bound by. I.e. the African charter on Human and people’s Rights, the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights, International Covenant on Economic, Social, and Cultural Rights (these two covenants plus the UDHR make up the Bill of Rights).

These rights are not privileges and as such a person cannot be arbitrarily deprived of them by the government of the day. In as much as these rights are provided for and protected by several statutes applicable in Nigeria, and also cannot be arbitrarily taken away, they could be lost or curtailed in certain circumstances. For example, Section 41 of the 1999 Constitution of the federal republic of Nigeria as amended guarantees the right to freedom of movement of every Nigerian citizen. That is every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit there from. However, by S. 41(2) (a) ; (b), a person’s right to freedom of movement can be restricted if he has committed or is reasonably suspected to have committed a criminal offence; and for the removal of any person from Nigeria to any other country for the purpose of trial or undergoing imprisonment. This right is lost upon conviction and sentence to jail term.

It is also pertinent to know that these rights are not absolute for a person’s right stops where another’s right begins. The enforceability of these rights is made possible by the provisions of S. 46 of the 1999 constitution of the federal republic of Nigeria as amended which gives the Chief Justice of Nigeria the power to make rules guiding the enforcement of these fundamental rights as entrenched in the statutes. The Fundamental Right (Enforcement Procedure) Rules of 1979 and 2009 originates from this section. However, before the emergence of these Rules, the principal means of enforcing fundamental rights were through the prerogative of writ of Habeas Corpus, certiorari, Mandamus and Prohibition. These mediums were often cumbersome and lacking in flexibility. Contemporarily however with the introduction of the Fundamental Rights (Enforcement Procedure) Rules, the enforcement of the fundamental rights of individuals has received a boost and it is much easier to enforce.

It is thus the aim of this paper to give an overview of the enforcement proceedings of the fundamental rights in Nigeria. In doing that, we shall be considering the Fundamental Rights Enforcement Procedure Rules of 2009 as the enforceability tool of the fundamental rights in Nigeria. This will be considered under the following headings:

1.The Nature of Fundamental Rights

2.Fundamental Rights as provided for by relevant Statutes

3.The Enforcement Procedure of Fundamental Rights in Nigeria vis- a- vis the Fundamental Right (Enforcement Procedure) Rules 2009.

4.The problems of the Fundamental Rights (Enforcement Procedure) Rules 2009.

The Nature of Fundamental Rights

Since the enactment of the Universal Declaration of Human Rights after the Second World War in 1948, the primary question has been: what is the nature of fundamental rights?

Fundamental rights are rights that stand above the ordinary laws of the land. These rights have existed from the beginning of mankind and cannot be taken away arbitrarily. Thus Hon. Justice Kayode Oso CON in the celebrated case of Chief (Dr.) (Mrs) Olufunmilayo Ransome- Kuti & Ors V. Attorney General of the Federation & Ors stated that …what is the nature of a fundamental right? It is a right which stands above the ordinary law of the land of the level and which in fact is antecedent to the political society itself. It is a primary condition to a civilised existence and what has been done by our constitution, since independence …to have these rights enshrined in the constitution so that the rights could be immutable to the extent of the non-immutability, of the constitution itself.

Fundamental Rights as Provided for by Relevant Statutes

It is pertinent to know the rights that are provided for and protected by the statutes in order to push for their enforceability. It has been stated somewhere in this work that there are various statutes and treaties that provide, protect and regulate human rights. The Fundamental Rights (Enforcement Procedure) Rules of 2009 defines fundamental rights as any of the rights provided for in Chapter IV of the Constitution, and includes any of the rights stipulated in the African Charter on Human and Peoples Right (Ratification and Enforcement) Act. Another statute which provides for and protects human right is:

•The Universal Declaration of Human Rights

For the purpose of this work, we shall be highlighting the different rights provided for by these statutes.

The 1999 Constitution of the Federal Republic of Nigeria provides for

S. 33 Right to life.

S. 34 Right to dignity of human person.

S.