May 5, 2021 Omaplex 0 Comments

  1. Fundamental Rights contained in the Constitution may be enforced in accordance with the provisions of the FREP Rules, 2009.
  2. Prior to the advent of the 2009 FREP Rules, judicial experts and legal opinions were divided on the proper interpretation of the highly restrictive and mandatory threshold requirement of locus standi/or standing to sue in an action for enforcement of fundamental rights under the 1979 FREP Rules.
  3. The rationale was that the 1979 FREP Rules allowed only the actual person whose rights had been, was being or likely to be infringed, to bring an application for the enforcement of fundamental rights as seen in Oyegbemi v AGF (1982) 3 NCLR, 895
  4. However, Paragraph 3(e)(i-v) of the Preamble to the 2009 FREP Rules expanded those who can initiate proceedings for fundamental rights enforcement to include:
  5. Anyone acting in his own interest.
  6. Anyone acting on behalf of another.
  7. Anyone acting as a member of, or in the interest of a group or class of persons.
  8. Anyone acting in the public interest.
  9. Association acting in the interest of its members or other individuals or groups.
  10. International level:
  11. In as far as Nigeria has ratified the Optional Protocols for UN Human Rights Conventions or has accepted the Competence of the corresponding UN Treaty Bodies, the inhabitants of Nigeria and their representatives are able to invoke their human rights through these bodies.
  12. All inhabitants of Nigeria may turn to the UN Human Rights Committee through procedure 1503, to the Special Rapporteurs for violations of specific human rights or to ECOSOC for women’s rights violations.
  13. Since Nigeria is a member state of UNESCO, its citizens may use the UNESCO procedure for human rights violations in UNESCO’s fields of mandate.
  14. Employers’ or workers’ and certain other organizations (not individuals) of Nigeria may file complaints through the ILO procedure in the cases of those conventions which Nigeria has ratified.
  15. Since Nigeria is an AU member, its citizens and NGOs may file complaints to the African Commission on Human and Peoples’ Rights.
Enforcement of Human Rights was last modified: May 5th, 2021 by Omaplex