Faculty
Department
Year of Publication
Keyword
upload
Publication Type
Abstract
The Constitutional and Political development of Nigeria from Independence till date has been intertwined with the quest for the promotion and protection of Fundamental Rights in various constitutions. There has been a sustained struggle for the protection of human rights ofindividuals, groups and communities in Nigeria. Fundamental Rights are those aspects of human rights which have been recognized and entrenched in the Constitution. Fundamental Rights are provided for in Chapter IV of the
Constitution of Nigeria, 1999 (as amended). They are also recognized and entrenched in other legal instruments, such as the African Charter on Human and People’s Right to which Nigeria is a signatory to. These Fundamental rights are not privileges in the sense that they could be withdrawn at the whims and caprices of the government of the day. They are rights which the
Executive and Legislature are enjoined to respect and the Judiciary to protect. However, there are instances of violation of these rights. Furthermore, where there are breaches of these rights, the appropriate means to facilitate the enforcement of the victim’s Fundamental Right is important. It is against this background that the Fundamental Rights (Enforcement Procedure) Rules, signed in November 11, 2009 by the then Chief Justice Idris Legbokutigi, was enacted. While these formalistic approaches can easily be mentioned, the same cannot be said of the actual implementation of mechanisms designed to facilitate the realization of basic Fundamental Rights. This is because there is a gulf between pronouncements of respect for Human Rights and their actual implementation. The explanation for this appears to be that there still exists, a number of substantive and procedural obstacles or impediments that not only inhibit the actual implementation of such measures, but preclude the masses in general from
having access to Justice in Nigeria.
Constitution of Nigeria, 1999 (as amended). They are also recognized and entrenched in other legal instruments, such as the African Charter on Human and People’s Right to which Nigeria is a signatory to. These Fundamental rights are not privileges in the sense that they could be withdrawn at the whims and caprices of the government of the day. They are rights which the
Executive and Legislature are enjoined to respect and the Judiciary to protect. However, there are instances of violation of these rights. Furthermore, where there are breaches of these rights, the appropriate means to facilitate the enforcement of the victim’s Fundamental Right is important. It is against this background that the Fundamental Rights (Enforcement Procedure) Rules, signed in November 11, 2009 by the then Chief Justice Idris Legbokutigi, was enacted. While these formalistic approaches can easily be mentioned, the same cannot be said of the actual implementation of mechanisms designed to facilitate the realization of basic Fundamental Rights. This is because there is a gulf between pronouncements of respect for Human Rights and their actual implementation. The explanation for this appears to be that there still exists, a number of substantive and procedural obstacles or impediments that not only inhibit the actual implementation of such measures, but preclude the masses in general from
having access to Justice in Nigeria.
Supervisor(s)
co-supervisor