An Examination of the Power of the Chief Justice of Nigeria to Make Rules for the Enforcement of Fundamental Rights in Nigeria

Abstract

This article undertook an examination of the Constitution of the Federal Republic of Nigeria (CFRN) 1999, the
Fundamental Rights (Enforcement Procedure) Rules (FREPR) 2009, and the African Charter on Human and
Peoples’ Rights Act (ACHPRA) 1983, in an attempt to resolve the argument on whether the then Chief Justice of
Nigeria, Idris Legbo Kutigi, acted ultra vires the powers donated to him under section 46(3) of the CFRN 1999 in
making the FREPR 2009 to include rights contained in the ACHPR 1983 as enforceable rights under the Rules. It
explained and defined some key concepts that would aid the better understanding of the article. The author takes the
position that the power donated to the Chief Justice of Nigeria to make rules for the enforcement of fundamental
rights enshrined in the CFRN 1999, do not include making rules for rights provided for in the ACHPRA 1983. The
article highlighted some observations/finding, and offered some recommendations which if implement could resolve
the argument above which is the subject of this article.