CHAPTER ONE

INTRODUCTION

1. BACKGROUND OF THE STUDY

The foundation of democracy in any country is seen in the observance of the rule of law. Consequently, the issues of fundamental rights enforcement have continued to feature prominently in our courts as there is increasing consciousness in Nigeria of the sanctity and need to protect fundamental rights. Donnelly (1997).

Fundamental rights are rights that have constitutional backing and which upon an actual breach or threat of breach are enforceable in court.

Due to the constitutional nature of these rights, they are placed on a higher pedestal than ordinary civil matters in which a claim for damages resulting from a proven injury has to be made specifically and proved.

They are considered as being claims of their own distinct kind (sui generis) and therefore enjoy distinct procedural rules and fast-tracked time frame for litigation. Jack (1997).

The study examines the various challenges in the enforcement of fundamental rights as stumbling block for the proper enjoyment of the said right.

        The concept of human rights has existed under several names in European thought for many centuries, at least since the time of King John of England. After the king violated a number of ancient laws and customs by which England had been governed, his subjects forced him to sign the Magna Carta, which enumerated a number of what later, came to be thought of as human rights (Jack Donnelly 1997).

The political and religious traditions in other parts of the world also proclaimed what have come to be called human rights, calling on rulers to rule justly and compassionately, and delineating limits on their power over the lives, property, and activities of their citizens.

In the eighteenth and nineteenth centuries, several philosophers proposed the concept of "natural rights", rights belonging to a person by nature and because he was a human being, not by virtue of his citizenship in a particular country or membership in a particular religious or ethnic group[1]. Hence such scholars stated that:

“We hold these truths to be self-evident; that all men are created equal, that they are endowed by their creator with certain unalienable rights that among these are life, liberty and the pursuit of happiness”.

The term natural rights eventually fell into disfavor, but the concept of universal rights took root. Philosophers such as Thomas Paine, John Stuart Mill, and Henry David Thoreau expanded the concept. Thoreau is one of the first philosophers known to use the term, "human rights", and did so in his treatise, “Civil

Disobedience”. This work has been extremely influential on

individuals as different as Leo Tolstoy, Mahatma Gandhi, and Martin Luther King.

1. STATEMENT OF THE PROBLEM

These challenges operate as clog in the wheel of administration of justice in fundamental rights claims, which are otherwise meant to enjoy accelerated procedures and hearing and as such continue to lead the conversation on the drawbacks to enforcement of fundamental rights in Nigeria.

Aside from the technical challenges which have been reviewed within, there is the lingering problem of absence of a strong civic knowledge and culture regarding fundamental rights and its enforcement, which deficiency is exacerbated by a still regrettably great level of illiteracy in the society.

A good number of Nigerians do not have access to education, particularly good civic education that would enable them to be fully abreast of their rights, obligations and duties as citizens, and as a result, they do not properly appreciate or understand the rights they have.

On the other hand, the few that are well informed use such knowledge, might or clout in an abusive manner, including for instance the use of law enforcement agencies as instruments of harassment, threat to right to liberty and freedom of movement and debt recovery.

The political elite of the country appear to be included in this trend much as are corporate and individual bodies whose motives are primarily based on economic consideration. Finally, several researches has been carried out on Human rights and its enforcement in Nigeria but not even a single research has been carried out on the challenges in the enforcement of fundamental rights as stumbling block for the proper enjoyment of the said right.

1. AIM AND OBJECTIVES OF THE STUDY

The aim and objectives of the study is to examine the challenges in the enforcement of fundamental rights as stumbling block for the proper enjoyment of the said right. Other specific objectives of the study include;

1.  to determine the factors affecting the enforcement of fundamental human right.
2. to determine the effect of the enforcement of fundamental human right on the citizens.
3. to determine the extent to which fundamental human right affects the proper enjoyment of the said right.
4. to proffer possible solutions to the problems.
   1. RESEARCH QUESTIONS

1    What are the factors affecting the enforcement of fundamental human right?

1. What is the effect of the enforcement of fundamental human right on the citizens?
2. What is the extent to which fundamental human right affects the proper enjoyment of the said right?
3. What are the possible solutions to the problems?

1. RSEARCH HYPOTHESIS

Ho: Enforcement of fundamental rights has no significant effect on the proper enjoyment of the said right.

Hi:   Enforcement of fundamental rights has a significant effect on the proper enjoyment of the said right.

1. SIGNIFICANCE OF THE STUDY

The study will be of immense benefit in the sense that it will enable States to provide legal frame work and necessary logistic for the operation of reconciliatory mechanism.

More so, mediation process should be institutionalized in the settlement of Human Rights matters. Mediation is a process by which an impartial person, the mediator, facilitates communication between the parties to a dispute to promote reconciliation, settlement, and understanding. It is a private, voluntary and informal process of dispute resolution where a neutral party assists the disputing parties to reach a mutually acceptable agreement with ease. It will also encourage independent, fearless and efficient Judiciary. Finally, the study will contribute to the body of existing literature and knowledge to this field of study and basis for further research.

1. SCOPE OF THE STUDY

The study is limited to the challenges in the enforcement of fundamental right as a stumbling block for the proper enjoyment of the said right.

1. LIMITATION OF THE STUDY

TIME CONSTRAINTS: One the challenges experienced by the researcher is the issue of time; the research will simultaneously engage in departmental activities like seminars and attendance to lectures. But the researcher was able to meet up with the deadline for the submission of the project.

FINANCIAL CONSTRAINTS: Every research work needs funding; however lack of adequate funds might affect the speed of the researcher in getting materials for completion of the project.

DEFINITION OF TERMS

Challenges:     Dispute the truth or validity of.

Enforcement:  The act of compelling observance of or compliance with a law, rule, or obligation.

Fundamental: Forming a necessary base or core; of central importance.

Rights:    A moral or legal entitlement to have or do something.

Enjoyment:     The action of possessing and benefiting from something.