CORAM

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D. U. OKOROWO

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PARTIES

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EMEGHOGHENA JULIA

 

APPELLANTS 

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NATIONAL YOUTH SERVICE CORPS

RESPONDENTS 

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AREA(S) OF LAW

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 CIVIL LAW AND PROCEDURE, COURT, CONSTITUTIONAL LAW, FUNDAMENTAL RIGHTS, JURISDICTION, PRACTICE AND PROCEDURE, WORDS AND PHRASES.

 

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SUMMARY OF FACTS

The Applicant commenced an action at the Federal High Court for enforcement of her Fundamental Rights pursuant to the provisions of Order II Rules 1, 2, 3, 4, & 5 Fundamental Rights (Enforcement Procedure) Rules 2009; Sections 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Articles 2, 5, 6, 8, 10, 17 & 19 of African Charter on Human and Peoples Rights and under the Inherent Jurisdiction of this Honourable Court.

The Applicant claimed the following reliefs among other reliefs as follows:

a.A Declaration of this Honourable Court that the refusal of the Respondent to recognize and allow Skirt as part of the National Youth Service Corp(NYSC) uniform, is a breach of the Applicant’s Right as contained in Section 38(1) of 1999 Constitution (as Amended) as well as Deuteronomy 22 v 5 of the Bible and a misreading of 2nd Schedule Article 1 (I)(a) of the NYSC Bye Laws 1993.

b.A Declaration of this Honourable Court that the use of Skirt by the Applicant in National Youth Service Corps forms part of her fundamental Rights to freedom of Religion and freedom to manifest same in Practice and observance as contained in Section 38(1) of 1999 Constitution (as Amended).

c.A Declaration that the harassment, embarrassment and humiliation which the Applicant was subjected to in the hands of the agents of the Respondents is a clear infringement on the fundamental Right of the said Applicant right to religion and freedom to manifest same in practice as well as Fundamental Right to dignity of human person and degrading treatment.

The facts giving rise to Applicant’s case are:

1.The Applicant applied for and was shortlisted for the one year Mandatory National Youth Service in 2019.

2.Accordingly the Applicant was Mobilized and posted to permanent Orientation Camp, Nasarawa and subsequently posted to Abuja on D.G ground.

3.The Applicant subsequently informed the agents of the 1st Respondent at the secretariat that her faith strongly prohibits a woman from using trouser and she should be allowed to wear skirt with same materials and colour.

4.The agent of the Respondent refused the Applicant’s request and she is not allowed to complete her service.

5.It is based on the foregoing that the Applicant have approached this Court for redress as the Respondents have breached the Fundamental Rights of the Applicant.

The Defendants filed Notices of objection challenging the jurisdiction of the Court to entertain this suit and praying the court to dismiss the Applicant’s Originating Motion on the grounds that the suit was incompetent, an abuse of court process, and statute barred.

 

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HELD

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Applicant’s reliefs granted as prayed.

 

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ISSUES

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Whether, in view of the provisions of Section 20 of the NYSC Act, Cap N84 Laws of the Federation of Nigeria, 2004, the Court can assume jurisdiction to entertain this Suit against the Respondents.

Whether, in view of Section 3 of the Public Officers Protection Act, Cap P 41, Laws of the Federation of Nigeria, 2004 and Section 19 of the NYSC Act, the cause of action of the Applicant is not statute barred for not being commenced within the statutory time.

Whether non-compliance with Order VIII Rule 2, 3 and 4 of the Fundamental Right enforcement procedure rules 2019 as well as Order 29 Rule 2 of the Federal High Court Civil Procedure Rules 2009 by the 1st and 2nd Respondent/Applicant is not a breach of Mandatory Procedure of law?

Whether or not the 1st and 2nd Respondent’s/Applicant’s application is an Abuse of Judicial or court process?

Whether there is justifiable cause of action in this Suit?

 

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RATIONES DECIDENDI

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JURISDICTION – WHETHER THE ISSUE OF JURISDICTION ONCE RAISED MUST BE TREATED FIRST

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“It is trite that issue of jurisdiction once raised ought to be taken first, to determine whether the Court have power to proceed or not and should be given prime position. See Ajayi v Adebiyi (2012) LPELR-7811 (SC).” – Per Okorowo J.

 

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FUNDAMENTAL RIGHTS ACTIONS – SUI GENERIS NATURE OF FUNDAMENTAL RIGHTS ACTIONS

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“It is to be borne in mind that fundamental rights action is sui generis. In the case of the LEAGUE MANAGEMENT Co. Ltd. & Anor. V. ABUBAKAR & Anor. (2017) LPELR- 43426(CA) the Court of Appeal, Per ABIRU JCA (P.34 Paras A-C)held:

” The sui generis nature of matter commenced under the Fundamental Rights (Enforcement Procedure) Rules, 2009, is that it is governed by specific and special Rules of Procedure, and is not subject, except where the context so admits, to the Rules of Procedure governing civil matters. It has nothing to do with the Application of established principles of law to such matter….

In the case of SEATRUCKS ANIGBORO (2001)2 NWLR (PT 696)159, it was held thus “it is that fundamental right enforcement procedure rules are special type proceedings. They are in special class of their own unlike the ordinary cases that run through our courts daily, they are to be treated with due diligence and not to be handled anyhow. This is because the object of enforcement of fundamental right is to provide a simple and effective process for the enforcement of fundamental right in order to avoid the cumbersome procedure and technicalities for their enforcement under the rules of common law and other statutory provisions. See also ADUMU V. COMPTROLLER OF PRISONS, FEDERAL PRISONS, ABA ORS (2013) LPELR- CA/OW/292A/2011.” – Per Okorowo J.

 

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CASES CITED

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STATUTES REFERRED TO

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African Charter on Human and Peoples Rights

Constitution of the Federal Republic of Nigeria 1999 (as amended)

Federal High Court (Civil Procedure) Rules 2019

Fundamental Rights (Enforcement Procedure) Rules 2009

NYSC Act Cap 84 Laws of the Federation of Nigeria 2004

Oaths Act

Public Officers’ Protection Act Cap P.41, Laws of the Federation Of Nigeria 2004

 

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