Administrative and Public Law
What it is: Fundamental rights enforcement is a special court procedure allowing a person whose constitutional rights have been, are being, or are likely to be breached to seek redress. Chapter Four of the 1999 Constitution guarantees rights such as personal liberty, dignity of the human person and freedom from unlawful detention, and the African Charter on Human and Peoples Rights is domesticated in Nigeria. The Fundamental Rights Enforcement Procedure Rules provide a streamlined route to the High Court for reliefs including declarations, injunctions, release from detention and compensation. When it applies: This service applies to unlawful arrest or detention, torture or degrading treatment, unlawful search or seizure, breach of the right to fair hearing, and other infringements of constitutional rights by the police, security agencies, government bodies or, in some cases, private parties. How a lawyer helps: A human rights lawyer assesses whether your rights have been breached, prepares and files the application under the Fundamental Rights Enforcement Procedure Rules, and argues for your release, a declaration, an injunction or compensation. Counsel acts quickly where liberty is at stake. First steps: Record what happened, including dates, officers and witnesses, keep any documents, and contact a lawyer urgently, particularly if you or a relative is being detained.
