Notice To Quit From Any State In Nigeria Is A Violation Of Human Rights.

Notice To Quit From Any State In Nigeria Is A Violation Of Human Rights.
Daily Law Tips (Tip 715) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:

The Federal Republic of Nigeria is an indivisible and indissoluble sovereign state, made up of 36 states and the Federal Capital Territory. The Constitution of the Federal Republic of Nigeria is the supreme law in Nigeria. The constitution is higher and mightier than all persons, institutions, governments, states, kingdoms, groups, tribes, religions, political parties and political office holders in Nigeria and even outside Nigeria.

Notice To Quit  A Part of Nigeria:

Every person in any part of Nigeria has fundamental human rights. Fundamental human rights are constitutionally provided entitlements of persons in Nigeria, for being human beings or corporate beings. The fundamental human rights in Nigeria are; the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression and the Press, the Rights to Peaceful Assembly and Association, the Right to Freedom of Movement, the Right to Freedom from Discrimination and then, the Right to Acquire and Own Immovable Property anywhere in Nigeria.

Conclusion:

Any person in Nigeria can exercise and practise any religion of his/her choice and may even practise no religion. Any person in Nigeria can freely express his/her views on any issues whatsoever. Also, any person in Nigeria can freely move in Nigeria, stay and settle in any state in Nigeria as well as freely acquire, own or dispose any immovable (landed) property in any part of Nigeria.  Any breach or attempt to breach any fundamental human right of any person in Nigeria is unconstitutional and can be challenged in court by the victim or any other person. Hence, any Notice to Quit from any part of Nigeria, call for any Nigerian to vacate any state or any forceful removal of any person from any part of Nigeria is a breach of human rights.

My authorities, are:

  1. Sections 1, 2, 3, 4, 5, 6, 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 305, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of RANSOME-KUTI & ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
  3. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of AGBAI & ORS v. OKOGBUE (1991) LPELR-225(SC)
  4. The judgment of the Supreme Court of Nigeria (on documents for cases of fundamental human rights) in the case of EFCC v. REINL (2020) LPELR-49387(SC)
  5. The judgment of the Supreme Court of Nigeria (on when and why fundamental human rights can be restricted/suspended) in the case of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
  6. Onyekachi Umah, “Legal Remedies Can Be Sought Not Only For Breach But Fear Of Breach Of Fundamental Human Rights.” (LearnNigerianLaws.com, 9 August 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-160-legal-remedies-can-be-sought-not-only-for-breach-but-fear-of-breach-of-fundamental-human-rights/ > accessed 14 January 2021
  7. Onyekachi Uma, “Courts That Can Hear Cases of Fundamental Human Rights In Nigeria” (LearnNigerianLaws.com, 2 May 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-92-courts-that-can-hear-cases-of-fundamental-human-rights-in-nigeria/> accessed 14 January 2021
  8. Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A Human Right.” (learnNigerianLaws.com, 15 October 2020) <https://learnnigerianlaws.com/endpolicebrutality-the-right-to-protest-is-a-human-right/> accessed 14 January 2021
  9. Onyekachi Umah, “Time To Oppose Cases Of Breach Of Human Rights In Nigeria” (LearnNigerianLaws.com, 24 August 2018) <application of the hire purchase act in Nigeria> accessed 14 January 2021.
  10. Onyekachi Umah, “Requirements For Enforcement of Fundamental Human Rights” (LearnNigerianLaws.com, 3 November 2020) <https://learnnigerianlaws.com/requirements-for-enforcement-of-fundamental-human-rights/ > accessed 14 January 2021.
  11. “Human Rights” (Stanford, 14 October 2020) <https://plato.stanford.edu/entries/rights-human/> accessed 14 January 2021.
  12. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://learnnigerianlaws.com/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 January 2021.
  13. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://learnnigerianlaws.com/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 14 January 2021.
  14. Onyekachi Umah, “When and How Can Government Prohibit Protest In Nigeria” (LearnNigerianLaws.com, 19 October 2020) <https://learnnigerianlaws.com/when-and-how-can-government-prohibit-protest-in-nigeria/ > accessed 14 January 2021.
  15. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://learnnigerianlaws.com/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 January 2021.

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