Tag Archives: fundamental rights

A Comparative Evaluation of the Effect of the Outbreak of Covid-19 on Selected Legal Rights in Nigeria (Published)

There is no gain saying the fact that the outbreak of the corona virus; which spread over the globe like wide fire; is the worst calamity that has hit mankind since the second war. The virus, otherwise tagged Covid-19 has infected so many people and caused several deaths all over the world. This awful pandemic has affected not just lives; but all spheres of human endeavours ranging from the health sector to food and agriculture, migration and tourism, education, international commerce, environment and legal rights; to mention but a few. This paper critically examined the effect of the pandemic on some selected basic and constitutional rights with Nigeria as the focal geographical scope of the study, while drawing comparative analysis from the developments in some other countries. Relying on the exploratory doctrinal methodology and secondary sources of information, the paper found that the pandemic has inhibited the full enjoyment of basic rights; including fundamental rights, a situation which citizens have been compelled to accept. The paper further found that this period has witnessed a high level abuse of human rights as well as some other legally cognized basic rights. The paper condemned total deprivation and violation of such rights under any guise and concluded by suggesting ways how this pandemic period could be managed with citizens continually enjoying their basic and constitutional rights.

Keywords: Violation, Virus, basic rights, fundamental rights, pandemic, vaccine

Justiciable or Non-Justiciable Rights: A Debate on Socio-Economic and Political Rights in Nigeria (Published)

Justiciable or non-justiciable rights are hot debate in jurisprudence. The 1999 Constitution of the Federal Republic of Nigeria grouped rights into fundamental rights and fundamental objectives. Accordingly, fundamental objectives entail socio-economic and political rights which are non-justiciable in the court of law. However, socio-economic rights are necessary instruments for accountable government and good governance while non-justiciable rights work hardship on the citizens by restricting their rights of redress in the court of law. Non-justiciability is a constitutional cover to bad leadership and corruption. Hence, the investigation into justiciable or non-justiciable rights: a debate on socio-economic and political rights in Nigeria. The paper examined the position of South-Africa Courts’ judgments on socio-economic cases brought before them. The views of pro-justiciability and anti-justiciability schools were also juxtaposed. The study found out that the courts rather judges had upheld socio-economic and political rights as justiciable by inextricably connecting them to justiciable rights. The paper therefore recommends that all ouster clauses in the Constitution be expunged to promote accountable government, strengthen the judiciary and enforce citizen’s rights of redress.

Keywords: Constitution, Rights, fundamental Objectives, fundamental rights, justiciable, non-justiciable