Interrogating The Constitutionality of The Fundamental Rights Enforcement (Procedure) Rules, 2009

Publication Information

Journal Title: Indian Politics & Law Review
Author(s): Mackson Oruma & Andrew Abuza
Published On: 05/06/2023
Volume: 8
First Page: 138
Last Page: 149
ISSN: 2581-7086
Publisher: The Law Brigade Publisher

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Mackson Oruma & Andrew Abuza, Interrogating The Constitutionality of The Fundamental Rights Enforcement (Procedure) Rules, 2009, Volume 8, Indian Politics & Law Review, 138-149, Published on 05/06/2023, Available at https://iplr.thelawbrigade.com/article/interrogating-the-constitutionality-of-the-fundamental-rights-enforcement-procedure-rules-2009/

Abstract

Without question, human rights have taken pride of place in the world. This is due to the fact that certain rights are ancillary to human existence; in other words, without those rights, life would be meaningless. International concern over the legal foundation for their enforcement has resulted from this. Nigeria, like other countries, made an effort to increase the enjoyment of those rights, and as a result, a legislative framework was created in that direction. This essay seeks to examine the legal structure established to make sure that certain rights are more than merely theoretical. The Fundamental Rights Enforcement (Procedure) Rule, 2009, which specifies the standards of conduct and the process for enforcing those rights, is taken into consideration in this essay. The origin of the rules and if the rules, as they currently stand, can also serve as a legal basis for the enforcement of rights identical to those protected by other instruments. In order to accomplish this, the study adopts the doctrinal research approach and conducts a critical analysis of the powers granted to the rule-maker by the Federal Republic of Nigeria Constitution of 1999 (as amended), which also guarantees the fundamental rights in Chapter IV.

Keywords: Interrogating, the Constitutionality of the Fundamental Rights Enforcement (Procedure) Rules, 2009, human rights, powers, chapter IV

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