Fundamental rights are rights guaranteed in the Constitution and they are rights which every person is entitled to, when he is not subject to the disabilities enumerated in the Constitution to be enjoyed by virtue of being a human being. They are basic that they are entrenched in a particular chapter of the Constitution. See: Odogwu v A.G. Federation (1999) 6 NWLR (pt. 455) p. 508, Ratio 6. This paper aims at a brief study of the fundamental rights laws and their enforcement. Human rights or fundamental human rights are provided for by the Constitution of the Federal Republic of Nigeria, 1999 (as amended)- herein after referred to as the Constitution, the African Charter on Human and Peoples’ Rights-herein after referred to as ACHPR, United Nations Universal Declaration of Human Rights , among other laws. These are general human rights laws. There are other laws that are specific human rights laws such as: (i) Anti-torture Act, LFN, 2017 (ii) Freedom of Information Act, LFN, 2011 (iii) Child’s Rights Act, 2003 (iv) Fundamental Rights (Enforcement Procedure) Rules, 2009- herein after referred to as FREPR, among others. Furthermore, under the Constitution, Chapter IV has laid down all the fundamental rights that every person as a Nigerian citizen is entitled to. Also, under the Constitution, section 46 and Order II Rule I of the FREPR provides that ‘any person who alleges that any of the provisions of the Constitution in Chapter IV has been or is likely to be contravened in any State in relation to him may apply to a High Court for redress. Also, Chapter II of the Constitution contains some human rights which are not generally justiciable concerning some judicial proceedings on that issue unless there is a statute or another part of the Constitution giving the force of law to them or any of them. Furthermore, under the ACHPR, Part II, Chapter I has established the African Commission on Human and Peoples’ Rights under Article 30, to promote human and peoples’ rights and ensure their protection in Africa. Furthermore, the Economic Community for West African State-herein after referred to as ECOWAS-, Court of Justice established pursuant to the ECOWAS protocol can also be utilized on the enforcement of human and peoples’ rights. Nevertheless, there has always been the challenge of enforcement and execution of the judgment and or order of any other human rights court aside the courts of Nigeria. This difficulty in the views of the writer of this paper arises and can be resolved by an amendment of the provisions of the Sheriffs and Civil Process Act, LFN, 2004, as well as the Rule made thereunder, which by its Preamble provides thus ‘An Act to make provision for the appointment and duties of sheriffs, the enforcement of judgment, orders and the service and execution of civil process of the Courts throughout Nigeria’.  Also, the writer of this paper has hoped that the provisions of the Foreign Judgments (Reciprocal Enforcement) Act, CAP, F35, LFN, 2004 would cure this deficiency but it does not. It only makes provisions on the foreign judgment. The question considered by the writer of this paper is what the status of those ECOWAS Court of Justice and the African Commission on Human and Peoples’ Rights are? In the respectful view and submission of the writer of this paper, these courts cannot be graded as foreign courts covered by the Foreign Judgment (supra). Nevertheless, it is hoped that the legislature would amend the Sheriffs and Civil Process Act, its Rules and the Foreign Judgment (Reciprocal Enforcement) Act or make a specific law that would make those judgment and or decisions or orders of these courts enforceable and capable of being enforced. Finally, human rights when breached entitle the victim upon a success of the suit, to compensation in damages and apologies from the appropriate authority in deserving cases. Also, there is no limitation of statute to enforcement of fundamental rights though this is in relation to suits brought pursuant to the FREPR. In other words, the limitation statute might affect other human rights suits not covered by the FREPR. Therefore, any person who alleges that any of the provisions of the Constitution in Chapter IV has been or is likely to be contravened in any State in relation to him may apply to a High Court for redress. He may also report his complaints or allegation to the National Human Rights Commission, the Nigerian Bar Association, a human rights activist or a lawyer confidently without any fear. More so, the Nigerian Bar Association, Abuja Branch (Unity Bar) for instance, just as other Branches of the Nigerian Bar Association, has established a Human Rights Committee to receive and handle all cases of human rights violation. This opportunity can as well be utilized. E-mail: hameed_ajibola@yahoo.com]]>

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