ISSUE
FUNDAMENTAL RIGHT: position of the law on instituting an action based on infringement of a fundamental right under the Constitution
PRINCIPLE
"The position of the law is that, the procedure for instituting an action based on the infringement of a fundamental right, under the Constitution is prescribed by the Fundamental Rights (Enforcement Procedure) Rules, 1979. Only a breach of any of the fundamental rights guaranteed in the Constitution can be enforced under the
procedure. Thus, an action for wrongful dismissal from employment cannot be brought under the Rules since it belongs to a different class of action from action on contravention or threatened contravention of a fundamental rights: See Egbuonu v. B.R.T.C. (1997) 12NWLR (Pt.531) 29; Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517; and Tukur v. Government of Taraba State (1997) 6 NWLR (Pt. 510) 549. When therefore an application is brought under the rules a condition precedent to the exercise of the court's jurisdiction is that the enforcement of fundamental right or the securing of the enforcement thereof should be the main claim and not an accessory claim." Per Akintan, JSC
CASES
CITED ON ISSUE
Egbuonu v. B.R.T.C. (1997) 12NWLR (Pt.531) 29
Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517
Tukur v. Government of Taraba
State (1997) 6 NWLR (Pt. 510) 549
STATUTES REFERENCED
Fundamental Rights (Enforcement Procedure) Rules, 1979
MILORD
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