Fundamental rights (enforcement procedure) rules 2009: a paradigm shift in human rights protection in Nigeria?

Abstract

Human rights are natural and inalienable to human beings generally, irrespective of tribe, creed, colour, sex and whatever description. The I960 Independence Constitution of Nigeria introduced a pivot Provision into the Constitution of the country by expressly providing for items classified as ''Fundamental Human Rights", which other subsequent constitutions, namely, Constitution of the Federal Republic of Nigeria 1963, 1979 and 1999 were modeled after. The Rights, that is the fundamental human rights which is present by contained in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 is no doubt a lofty Provision which traverse almost every areas of human activities which should ordinarily be protected. However, since it is generally believed that "a law is no law except it is capable of being enforced". the Fundamental Rights (Enforcement Procedure) Rules was enacted with the sole purpose of serving as a directive which spelt-out the procedure an aggrieved person must follow in enforcing the relevant provisions on fundamental human rights where same are violated. It is instructive to note that even though the earlier Fundamental Rights (Enforcement Procedure) Rules of 1979 and 2008 were adopted for the purpose of giving life to the relevant provisions of the Constitution yet not much was achieved in this area particularly with respect to the commencement of actions bothering on violation of fundamental rights by the aggrieved persons, not to mention the expensive costs of litigations. The previous fundamental rights (enforcement procedure) rules of 1979 and 2008 respectively appear to have diminished the loftiness of the rights enshrined in chapter IV of the Constitution due to the technicality, awkwardness and bottlenecks in its application. This paper, however focuses on the critical examination of the Fundamental Rights (Enforcement Procedure) Rules 2009 which has its main overriding objectives of (i) expansive and purposeful Interpretation, access to justice; public interest litigation, abolition of objections on ground of locus standi; and expeditious trial of human rights suits among others. The empirical findings of the study and analysis reveal that the 2009 Rules being the thrust of this paper is not only a clear departure from the previous Fundamental Rights (enforcement procedure) Rules but specially designed to enhance human rights protection in Nigeria particularly under the current democratic dispensation.