CONSTITUTIONAL LAW ā Fundamental Rights ā Test for Determining Whether Claim Qualifies as Fundamental Rights Enforcement
Principle Statement
For a claim to qualify as fundamental rights enforcement, the principal relief sought must be for the enforcement of a fundamental right. It must not be a grievance ancillary to a principal relief that is not itself a fundamental rights claim.
Ratio Decidendi (Source)
Per Akintan, JSC, in Abdulhamid v. Akar (2006) NLC-123-240-2001(SC) at pp. 16ā17; Paras EāA.
"The position of the law is that for a claim to qualify as falling under fundamental rights, it must be clear that the principal relief sought is for the enforcement or for securing the enforcement of a fundamental right and not, from the nature of the claim, to redress a grievance that is ancillary to the principal relief which itself is not ipso facto a claim for the enforcement of fundamental right."
Explanation / Scope
The principal relief must be for enforcement of a fundamental right. Ancillary grievances not themselves fundamental rights do not qualify. The principle applies to constitutional law.
