CONSTITUTIONAL LAW ā Fundamental Rights ā Enforcement of Fundamental Rights Against Individuals
Principle Statement
Where fundamental rights are invaded not by government agencies but by ordinary individuals, such victims have rights against the individual perpetrators as they would have against state actions.
Ratio Decidendi (Source)
Per Akintan, JSC, in Abdulhamid v. Akar (2006) NLC-123-240-2001(SC) at p. 16; Paras CāD.
"The position of the law is that where fundamental rights are invaded not by government agencies but by ordinary individuals, as in the instant case, such victims have rights against the individual perpetrators of the acts as they would have done against state actions."
Explanation / Scope
Fundamental rights violations can be committed by private individuals, not only state actors. Victims can enforce rights against individual perpetrators. The principle applies to constitutional law.
