CONSTITUTIONAL LAW — Fundamental Rights — Section 40 — Right to peaceful assembly and association not absolute but subject to Section 45
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC) at pp. 34–35; Paras E–A:
"That is to say, the defendants/appellants' rights under Section 40 amongst other fundamental rights under the 1999 Constitution are not absolute. They have to be exercised to the limits of the ambit of Section 45 of the 1999 Constitution. As can be seen the curtailment of the defendants/appellants' rights under Section 40 is by direct and clear provisions of the 1999 Constitution itself and therefore they have to abide the consistency test."
Explanation / Scope
This principle establishes that the right to peaceful assembly and association under Section 40 is not absolute but subject to limitations under Section 45. The principle applies where fundamental rights are invoked. It ensures that rights are exercised within constitutional limits. The principle reflects that rights can be curtailed by the Constitution itself. It prevents absolute claims to rights. The court must apply the consistency test. The principle provides guidance on the scope of fundamental rights.