A Review of Human Rights Enforcement in Nigeria Under the Fundamental Rights (Enforcement Procedure) Rules of 2009
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ABSTRACT
The Constitution of the Federal Republic of Nigeria, 1999, designated some rights as Fundamental Rights under chapter IV. Not just the Constitution, but also the African Charter on Human and Peoples’ „Right. The Essential Rights (Enforcement Method) Rules 2009 offer a procedure for the enforcement of these fundamental rights if they are violated. The fundamental purpose of the 2009 Rules is to simplify the enforcement process by eliminating some of the obstacles posed by the 1979 Rule. Sadly, it is evident that the mechanism for enforcing Fundamental Rights is still plagued with inefficiency. Numerous petitions claiming grave breaches of human rights are often denied or rejected. To what degree, however, are the human rights provisions in these legal instruments implemented or enforced? Notable impediments to the realization of the objective of the Fundamental Rights (Enforcement Procedure) Rules 2009 include the distinction between the main claim and the ancillary claim in the Nigerian fundamental rights, as litigants are unsure whether or not their claim will succeed due to this distinction. This study investigates the issue of delay related to the 2009 Fundamental Rights (Enforcement Procedure) Rules. This dissertation conducted an in-depth review of the regulations and assessed the degree to which it accomplished its goal of bolstering a strong human rights framework. To get a near-precise, if not precise, outcome, the study conducted fieldwork. To do this, both doctrinal and empirical research methods are used. This study discovered that the Fundamental Rights (Enforcement Procedure) Rules 2009, despite bringing significant changes to the field of human rights protection (such as the abolition of locus standi and leave), is still faced with some major setbacks, such as the issue of principal and ancillary claims in the enforcement of fundamental rights and the unclear jurisdiction of the National Industrial Court. The paper recommends that the difference between major and subsidiary courts be eliminated and that the National Industrial Court be included in the Rule’s description of courts.
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1.1 Background to the Study
Basic Rights are rights deriving from natural or fundamental law or from the Constitution1. They are rights recognized, enshrined, and protected by the constitution of a nation or any other legal document, such as the African Charter on Human and People’s Rights. Fundamental Human Rights are sometimes regarded as innate and universally protected rights.
The Nigerian Constitution and the African Charter on Human and Peoples’ Rights protect basic human rights. These Fundamental Human Rights are not privileges in the sense that they might be revoked at the government’s whim and fancy. They are rights that the government and legislature are required to respect, while the court is charged with safeguarding. There are situations, however, in which these constitutional rights are infringed by law enforcement officers or in quasi-judicial proceedings2.
Moreover, when these rights are violated, it is of the utmost importance to ensure that the victims’ basic rights are upheld. The Fundamental Rights (Enforcement Procedure) Rules were adopted against this backdrop. On May 29, 1999, a new constitution took effect. Some judicial opinions3 held that the Fundamental Rights (Enforcement Procedure) Rules1979 were null and void according to section 42(3), which stipulates who is authorized to adopt rules for the practice and procedure of the High court in relation to the enforcement of Chapter IV provisions. For effective enforcement of the rights guaranteed by the 1999 Constitution, the 2009 Fundamental Rights (Enforcement Procedure) Rules were enacted. They were signed on November 11, 2009 by then-Chief Justice IdrisLegboKutigi and replaced the 1979 Fundamental Rights (Enforcement Procedure) Rules with immediate effect.
The Fundamental Rights (Enforcement Procedure) Rules are intended to ease fundamental rights enforcement. The Rules provide for recourse in the event of a breach or even the mere suspicion of a violation of these rights. Chapter IV of the 1999 Constitution and Chapter 1 of the African Charter on Human and Peoples’ Rights outline the essential rights. If requested and shown, courts are required to issue orders of monetary restitution where a violation has resulted in a financial loss that may be reimbursed in monetary terms.
A Review of Human Rights Enforcement in Nigeria Under the Fundamental Rights (Enforcement Procedure) Rules of 2009
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