AN APPRAISAL OF THE NOVEL PROVISIONS OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009

The Constitution of the Federal Republic of Nigeria ( CFRN) 1999 contained provisions of fundamental ni ghts under Chapter IV. Fundamenta] rights are rights derived from natural or fundamental law. They are significant component of liberty, encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications.2 The premise of the inalienable rights of man; life, liberty and the pursuit of happiness.’ Human rights are specie of rights which can be said to inhere in every human being. Since they are regarded as inalienable and immutable such rights cannot be taken away from any person without affront to justice.’ It is in view of the above that the Constitution empowers the Chief Justice of Nigeria to make rules with respect to the practice and procedure of a High Court for the purpose of enforcement of fundamental rights guaranteed under Chapter IV of the Constitution.” It is pursuant to the powers conferred on the Chief Justice of Nigeria above that the then Chief Justice of Nigeria, Honourable Justice Idris Legbo Kutigi (GCON) made the Fundamental Rights (Enforcement Procedure) Rules 2009 (hereinafter referred to as the FREP Rules 2009) on the 11\" day of November, 2009.° Background to the New Rules. Before the coming into force of the FREP Rules 2009, there was in existence the FREP Rules 1979 which was made pursuant to Section 42 (3) of the Constitution of the Federal Republic of Nigeria 1979 by the then Chief Justice of Nigeria, Honourable Justice Fatayi Williams on 5.