Right to Freedom of Movement.

Before pipu begin dey use big big grammar, na hin our elders don put am for simple tori say: wakawaka no dey kill anybodi, na anywhere wey sweet owner of leg fit carry him leg go. But, mek you wait small o. Naso e be true true? Make we reason am as e be for Nigeria today today.

As our elders talk am, na so dem put am for Naija konstitution too. If you check Section 41, you go see am for there wey dem say “Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom”. In addition to the right to wakawaka, the law talk am again say as di Naija person wey you be:

● you fit reside for anywhere wey sweet your belle

● you fit carry body enter or comot Naija as you want (dis na wat dem call “right to free ingress into Nigeria and egress from Nigeria”), and

● no person fit throwey you for this contri.

The right to wakawaka or sté for any place, as we talk, na for only citizens of Naija. E no mata if you be citizen by birth, by registration, or by naturalization. Dat is, na only pesin who be citizen for this we contri fit claim say im get right to freedom of movement. E go better make you know dat citizenship pass say dem just born pesin for Naija.

You get right to wakawaka, but…..

But chillax. Na the gods wey create antelope na dem still create lion. As una know, na wakawaka make Amaka chook leg insaid mouse trap wey Agbabiaka put for him farm. As dem say you get right, e also get some kain things wey you no fit do o.

For Naija konstitution, if you check Section 41(2), your right to wakawaka no go get mouth if:

● Any reasonable law dey wey don put padlock or limit to the right to wakawaka.

● Person be criminal or dem suspect am say he be criminal.

● Dem say person commit offence for the abroad and dem wan go bundle am go court for that contri….or dem say make person go enter jail for that contri wey he commit offence.

No be for here di mata end. Section 45 talk am sey your right to wakawaka or sté for any place no be say make you come dey totori other people. That is to say, the right to wakawaka no get strength if any law dey “in the interest of defence, public safety, public order, public morality, public health or for the purpose of protecting the rights and freedom of other persons”. Na so dem sey na where pesin right end na where anoda pesin right begin.

Wetin Naija courts talk for this matter?

For we wey dey alive that time, una go remember dat mata between Alhaji Shugaba Abdurrahaman Darman versus Minister of Internal Affairs (1981) 2 NCLR 459. Na dat case be the ogbonge case wey support the right to wakawaka for dis Naija. Alhaja Shugaba na big man politician for Benue dat time. But onto say one thing one thing happen, Federal Government carry Alhaji come deport am say him papa na from Chad and say Alhaji onto no be citizen of Naija.

After dem prove am say Alhaji mama na Naija citizen, and so therefore, Alhaji Shugaba too na citizen by birth, di court throwey the deportation matter come talk sey Alhaji get the right to wakawaka and stay for Naija as e be for the contri konstitution.

Even di court for Director of SSS v Agbakoba (1999) 3 NWLR (Pt. 595) 314 agree sey refusal to make pesin exit Nigeria no follow wetin the konstitution talk onto right to wakawaka.

Anoda case for di right to wakawaka or sté for any part of Naija be Apph & Ors v. Oturie, wey dem community elders put mouth together banish Mr. Oturie and im family. After di kourt talk am sey di allegations for which dem elders banish Mr. Oturie no hold water, di kourt throwey di mata and hold sey dem don violate him right to sté.

Now wey dem don tackle your right to wakawaka, wetin come happen?

You get right to tackle anybody wey tackle you. If you feel say dem violate your right to wakawaka or sté for any place for the contri, e go better make you go consult your lawyer o.

In fact, make I add sey di enforcement of dis right also be for where them no violate di right but di pesin feel sey wahala don enter him right to enjoy him freedom of movement.

My pipu, e get sometin make u no forget, where it be sey them don violate pesin right to freedom of movement, na the High Court of dat State get original jurisdiction over di mata. By original jurisdiction, we mean sey na only di High Court of the State go fit hear the mata first.

All dis dey for section 46 of di Constitution of the Federal Republic of Nigeria 1999;

1. Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State relation to him may apply to a High Court in that State for redress.

2. Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of this section…

However, Kudirat Kekere-Ekun J.S.C talk am for the case of FUTMINNA v Olutayo sey both di Federal High Kourt (FHC) and State High Court (SHC) get concurrent jurisdiction for mata wey concern breach of fundamental human rights. Hope una no what concurrent jurisdiction mean? If u no sabi, LAW-gin dey for u. Concurrent jurisdiction mean sey different kourts get jurisdiction to hear di mata at di same time. As it dey so, pesin go fit approach the Federal High kourt or the State High Court wey dem don violate him right to freedom of movement. However, any of di kourt between FHC and SHC wey di pesin go go exercise im jurisdiction exclusively.

Make u no sey remedies like damages, injunction, declaration, and plenty others dey for any infringement (ibi jus ibi remedium). My pipu, after di kourt don dismiss di case for Apph & Ors v. Oturie, the kourt come grant Mr. Oturie two million naira in general damages and fifty thousand naira for cost. Abeg, before you go start to jump, make you no sey di kourt no be fada Christmas, as it no go grant remedy wey pesin no ask.

If you sabi your right, nobody fit do you magomago. Person wey try am don jam trobul be dat. Naso freedom of movement/wakawaka be. For all una wey hear something new, we still get more to come, and for all pesin wey don hear everything before, make you still dey read our post. For now sha, e go be.