Enforcement of Fundamental Rights in National Constitutions: Resolving the Conflict of Jurisdiction between the Federal High Court and State High Court in Nigeria

Odike Felix,Alero Akujobi

doi:10.4236/blr.2018.91004

Abstract

Fundamental human rights are those natural or human rights that are guaranteed to individuals as a citizen of a free and civilized state. They are incorporated in the supreme or basic law of a country as fundamental human rights. This paper examines the conflict of jurisdictions between the federal high court and the state high courts in the enforcement of fundamental human rights with particular emphasis on how the Nigerian case law has contributed to the confusion. To resolve the issue, the paper surveyed the position of enforcement of fundamental human rights in few other common law jurisdictions such as India, Pakistan and Ghana, and concluded that in Nigeria, the federal high court only has jurisdiction to enforce fundamental human rights arising from a cause of action that falls within its limited exclusive jurisdiction.

Highlights

Chapter four of the Constitution of the Federal Republic of Nigeria, 1999 contains the fundamental human rights guaranteed to all Nigerians, and to some extent, non-Nigerian residing within the geographical sphere of the country
This paper examines the conflict of jurisdictions between the federal high court and the state high courts in the enforcement of fundamental human rights with particular emphasis on how the Nigerian case law has contributed to the confusion
The paper surveyed the position of enforcement of fundamental human rights in few other common law jurisdictions such as India, Pakistan and Ghana, and concluded that in Nigeria, the federal high court only has jurisdiction to enforce fundamental human rights arising from a cause of action that falls within its limited exclusive jurisdiction

Summary

Introduction

Chapter four of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011) contains the fundamental human rights guaranteed to all Nigerians, and to some extent, non-Nigerian residing within the geographical sphere of the country. The contradiction and/or controversy generated by the issue of which court, that is, the state high court or the federal high court, in Nigeria, that have jurisdiction on matters concerning enforcement of fundamental human right violations has shown itself in a flurry of cases. UNAM (Supra), Grace Jack was employed by the University of Agriculture, Makurdi (Respondent) as a clinic attendant She was later transferred to the bursary department of the Respondent’s university where she remained until she was served a letter of suspension. These conflicting decisions churned out by Nigerian courts has inescapably embolden lower courts hearing matters on enforcement of fundamental rights to pick and choose whatever diametrically opposed decisions that catches their fancy[5]

Ordinary Right Compared with Human Rights

Meaning of Fundamental Human Rights

Fundamental Human Rights Enforcement in Nigeria

Conclusion