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CASES/JUDGMENTS ON HUMAN RIGHTS IN NIGERIA (2)
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| TITLE | MAIN ISSUES |
| GOVERNOR OF EBONYI STATE & ORS. V. HONOURABLE JUSTICE E. I. ISUAMA | HUMAN RIGHTS AND CONSTITUTIONAL LAW:– Remedies for violation of rights – Rights of a party to seek all remedies provided by law including those under the African Charter on Human and Peoples Rights HUMAN RIGHTS:– Access to court – When procedural conditions restricting same may be in violation of the Constitution HUMAN RIGHTS AND CONSTITUTIONAL LAW – AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS:- Applicability in Nigeria – Whether expands window of options available to party in Nigeria which rights have been violated in any way not conforming to the treaty obligation of Nigeria – Articles 3 and 7(1)(a) of the Charter in review |
| GRACE JACK V. UNIVERSITY OF AGRICULTURE MAKURDI | HUMAN RIGHTS AND CONSTITUTIONAL LAW – FUNDAMENTAL RIGHTS:- “Court” under the Fundamental Rights (Enforcement Procedure) Rules – Meaning of HUMAN RIGHTS AND CONSTITUTIONAL LAW – FUNDAMENTAL RIGHTS:- Enforcement of fundamental rights – Court vested with jurisdiction in respect of – Whether both Federal High Court and State High Court have concurrent jurisdiction HUMAN RIGHTS AND CONSTITUTIONAL LAW- FUNDAMENTAL RIGHTS:- Enforcement of fundamental rights -Section 42(1) of 1979 Constitution – Import of – Procedure therefore |
| IDENYI V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life, Fair Hearing and Protection under the Law – Brutal lynching of a woman for grieving over the lynching of her two brothers by a dreaded cult group, Odozi Obodo – Attitude of courts thereto |
| IN RE EFFIONG OKON ATA V. CHIEF ELIJAH HENSHAW | JURISPRUDENCE AND HUMAN RIGHTS: – Status of slave after emancipation in relation to property – Ex-slave in continued resident of communal land – Whether he remains subject to the head of the house in all respects making the latter the proper person to bury him and take out letters of administration to his estate – Personal property in distinction to communal land – Whether different rules apply – Relevant considerations |
| IN THE ESTATE OF CHARLES GIBSON, DECD. | HUMAN RIGHT LAW: Blind person – Non-discrimination – Right of visually impaired person to act as a witness to a will – whether complies with statutory requirement for 2 witnesses – how treated HUMAN RIGHTS AND DISABILITY: Person living with disability – Person recently blind – whether considered less ‘clever’ than person born blind who have developed aptitudes for coping therewith |
| INSPECTOR GENERAL OF POLICE V. ALL NIGERIA PEOPLES PARTY & ORS | HUMAN RIGHTS AND CONSTITUTIONAL LAW – FREEDOM OF EXPRESSION:- Necessity and nature of – When exercised within the ambit of the law – Whether the police has powers to stop or restrict the right to freedom of expression and assembly – Whether fear that breach of the peace may arise from a rally is ground for limiting the right |
| JOHN LEWIS AND CO. LD. V. TIMS | HUMAN RIGHTS AND PUBLIC LAW:- Private detectives/security operatives and private individual – Power of arrest on suspicion of a felony/crime being committed – Duty to hand over suspect to Police or magistrate – Duty to do so within reasonable time – Effect of failure thereof – Arrest without warrant and arrest with warrant – Distinction – When damages for false imprisonment would lie |
| LAWAL V. KOFFO | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Public institution – Unjustified disregard for legal processes in carrying out their duties, arbitrariness, persecution and abuse of civil rights of individuals – Attitude of court – When award of substantial/punitive damages would be appropriate |
| LIMAN V. THE STATE | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to fair hearing – Failure of court to secure accused person opportunity to cross-examine a key witness – When same can be deemed miscarriage of justice – “A person standing trial is entitled to defend himself and to avail himself of all facilities provided by the law” – Effect |
| LT COL. A. AKINWALE V. NIGERIAN ARMY |
HUMAN RIGHTS – FAIR HEARING:– Right to fair hearing and military court martial – Nature of prosecution under the Armed Forces Decree – Duty to observe procedures provided strictly – When failure thereto would amount to breach of fair hearing HUMAN RIGHTS – FAIR HEARING:– Right to fair hearing and military court martial – Right granted an accused person under Section 152 of the Armed Forces Decree – Right to a prescribed period within which to make representation to a confirming authority different from the investigating/sentencing authority – Where period short-circuited or same person acting as investigating/sentencing as well as confirming authority – Implication for validity of outcome of proceedings HUMAN RIGHTS – FAIR HEARING – Right to fair hearing – Twin pillars of same – Where statutorily secured – Armed Forces Decree No. 105 of 1993, section 149(1) – Effect of failure to observe same – Duty of appellate court thereto |
| MACKAM V. THE QUEEN | HUMAN RIGHT AND CONSTITUTIONAL LAW– LYNCHING:- Right to life – Brutal murder of a young girl on suspicion of practicing witchcraft – How treated |
| MADUGBA V. THE QUEEN | |
| MORGAN V. SMALLY | HUMAN RIGHTS:- Justice administration – Right to Fair Hearing – Court proceedings – Failure to attend court proceedings due to depression and arson suffered – Application for adjournment to seek further legal advice and/or representation where woman has been denied legal aid – How treated |
| MR. OVUZORIE MACAULEY & ORS V. MR. JOHN ATA & ORS | HUMAN RIGHTS:- Shelter and rehabilitation of internally displaced persons – Administration of relief programmes – Judicial enforcement thereof |
| NDI OKEREKE ONYUIKE V. THE PEOPLE OF LAGOS STATE & ORS | HUMAN RIGHTS AND CONSTITUTIONAL LAW– CRIMINAL JUSTICE:- Constitutional right of an accused person to be silent all through the trial – Implication for the prosecution’s duty to discharge the burden of proof – Whether accused has no constitutional duty to establish its innocence |
| NNABU V THE QUEEN | HUMAN RIGHTS:- Right to life – Extra-judicial Lynching of a citizen alleged to have stolen a goat – Activity of dreaded cult group – The Odozi-Obodo Society menace – Attitude of court thereto |
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