CASE TITLE: NSCDC, BENUE STATE COMMAND & ANOR v. SAMUEL (2022) LPELR-56933(CA)
JUDGMENT DATE: 4TH MARCH, 2022
PRACTICE AREA: CONSTITUTIONAL LAW.
LEAD JUDGMENT: MUSLIM SULE HASSAN, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
The appeal borders on Enforcement of Fundamental Human Rights.
FACTS:
This appeal is against the judgment of the Federal High Court sitting in Makurdi, Benue State (Coram Hassan Dikko) delivered on the 29th day of September, 2017.
The Respondent at the trial Court filed an application for the enforcement of fundamental human rights of a deceased person (Iorunde Ager) being his son pursuant to Sections 33(1), 34(1)(a), 35(4)&(5), 36(1)(5) of 1999 Constitution of the Federal Republic of Nigeria (as amended) and Order 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 as well as Articles 4, 5, 6 & 7 of the African Charter on Human and Peoples Rights and under the inherent jurisdiction of the Court.
The learned trial judge entered judgment in favour of the Respondent. Dissatisfied, the Appellants filed an appeal at the Court of Appeal.
ISSUES FOR DETERMINATION:
The Court of Appeal determined the appeal on the following issues thus:
1. Whether the Court below was right to have held and entered judgment that the Respondent’s son’s Fundamental Rights have been breached in any way by the Appellants.
2. Whether the Court below was right to have held and entered judgment that the Respondent is entitled to the awarded reliefs by the trial Court.
3. Whether the Court below was right to have held and entered judgment that the Applicant’s (now Respondent) non- compliance with the pre-action notice did not negate Court’s jurisdiction in enforcement of fundamental rights application.
4. Whether the Court below was right to have held and entered judgment that the 1st Appellant is a juristic personality and properly before the Court.
5. Whether the Court below was right to have held and entered judgment that the Respondent has placed enough evidence to proof his case against the Appellants.
DECISION/HELD:
In conclusion, the appeal failed and was dismissed and accordingly, the judgment of the Federal High Court was affirmed.
RATIOS:
- CONSTITUTIONAL LAW – ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT(S): Whether the constitutional right to life of a dead person can be enforced by his dependants
- CONSTITUTIONAL LAW – BREACH OF FUNDAMENTAL RIGHTS: Whether the detention of a person beyond the statutory period of 24 hours without arraignment in Court is a breach of his fundamental rights which entitles him to compensation
- ACTION – LEGAL PERSONALITY: Whether the State command of the Nigeria Security and Civil Defence Corps and its Commandant are juristic personalities that can sue and be sued
