Fundamental Human Rights & Objectives

Fundamental Human Rights & Objectives

Quick Answer: Chapter IV (§33-46) of the 1999 Constitution guarantees enforceable fundamental human rights - life, dignity, liberty, fair hearing, religion, expression, assembly, movement, non-discrimination, and property - enforceable via §46 in the High Court. Chapter II (§13-24) sets out Fundamental Objectives and Directive Principles of State Policy but is non-justiciable under §6(6)(c): courts cannot enforce them unless implementing legislation exists.

Chapter IV - Fundamental Rights (§33-46)

Chapter IV is the enforceable Bill of Rights. Each section protects a specific right:

Key features to remember:

• §33 (Right to life): No intentional deprivation except in execution of a court sentence; exceptions include force used in defence, lawful arrest, and suppressing riots.
• §36 (Fair hearing): Guarantees a fair hearing within a reasonable time by an independent and impartial court; presumption of innocence; right to be informed of charges; right to counsel; protection against double jeopardy and retrospective criminal law.
• §42 (Freedom from discrimination): Prohibits discrimination on grounds of community, ethnic group, place of origin, sex, religion, or political opinion - a provision central to the federal character principle.
• §44 (Compulsory acquisition): Property may be compulsorily acquired only for public purposes and with prompt compensation and a right of access to court to determine compensation.

Enforcement (§46)

Section 46 is the enforcement mechanism: any person alleging that any right in Chapter IV has been, is being, or is likely to be infringed may apply to a High Court for redress. The Chief Justice may make rules of procedure, and the National Assembly is empowered to make provisions for legal aid to indigent citizens whose rights have been infringed. This is what makes Chapter IV justiciable - unlike Chapter II.

Chapter II - Fundamental Objectives & Directive Principles (§13-24)

Chapter II sets out the policy goals of the Nigerian state - the "Directive Principles." It spans §13-24:

A landmark provision is §14(2)(b): "the security and welfare of the people shall be the primary purpose of government" - a favourite COMPRO and general-knowledge citation. Section 13 imposes a duty on all organs of government to conform to, observe, and apply Chapter II.

Non-justiciability - §6(6)(c)

The critical caveat: Chapter II is non-justiciable. Section 6(6)(c) - the "ouster clause" - provides that judicial powers shall not extend to any question as to whether any act or law conforms with the Fundamental Objectives and Directive Principles in Chapter II. In Archbishop Okogie v. AG Lagos State (1981), the court held Chapter II is "merely declaratory"; in AG Ondo v. AG Federation (2002), the Supreme Court confirmed courts cannot enforce Chapter II until the National Assembly enacts implementing legislation.

Exceptions where Chapter II becomes justiciable

1. Cross-reference provisions - where a justiciable constitutional section directs compliance with a specific Chapter II provision. For example, §147(3) requires presidential appointments to conform with §14(3) (federal character), making that specific provision mandatory and enforceable.
2. Legislative implementation - Item 60(a) of the Second Schedule (Exclusive Legislative List) empowers the National Assembly to establish and regulate authorities to enforce Chapter II. Once it does, the relevant provisions become justiciable. In Olafisoye v. FRN (2004), the Supreme Court held §15(5) (abolition of corrupt practices) becomes justiciable when read together with Item 60(a) and implementing legislation.

For COMPRO, the headline rule is simple: Chapter IV = enforceable rights; Chapter II = non-justiciable directives, with narrow statutory or cross-referenced exceptions.