No CrossRef data available.
Published online by Cambridge University Press: 28 July 2009
The struggle of Nigerian civil society for the establishment of a democratic polity, founded on the rule of law and the respect for the human and peoples’ rights of ordinary citizens of Nigeria, has been waged against the military governments that have ruled by force for the better part of its nearly three and a half decades of independent existence. During this struggle, there have been many cases of seizure of the passports of prominent opposition activists by members of the security agencies of the government. Such acts have generated much international condemnation of the government, as well as some judicial disapproval.
1 See also s. 76 of the 1960 Constitution of Nigeria; s. 27 of the 1963 Republican Constitution of Nigeria and s. 40 of the defunct 1989 Constitution of Nigeria. All these provisions are similar.
2 See the Preamble to the Constitution of Cameroon of 1972.
3 U.N. Doc. A/810/71.
4 6 I.L.M. 368.Google Scholar For a detailed expose on the history and content of relevant international human rights declarations and conventions, see Higgins, R., “Some recent developments in respect of the right to leave in international law”, in Brown, E.D. and Cheng, B. (eds.), Contemporary Problems of International Law: Essays in Honour of Georg Schwarzenberger, London, 1988, at 138;Google Scholar and Hannum, H.The Right to Leave and Return in International Law and Practice, Dordrecht, 1987.Google Scholar
5 21 I.L.M. 59.Google Scholar This treaty was “incorporated” into Nigerian law by the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10 Laws of the Federation of Nigeria, 1990.
6 Similar provisions are found in s. 20 of the 1960 Constitution of Nigeria, s. 21 of the 1963 Constitution and s. 34 of the defunct 1989 Constitution.
7 These principles form part of the resolutions of the Judicial Colloquium held at Bangalore, India, in 1988, Developing Human Rights Jurisprudence, London, 1988.Google Scholar Similar resolutions were by subsequent colloquia in Harare (1989), Banjul (1990), Abuja (1991), Balliol (1992) and Blomfontein (1993).
8 See Sperdutti, G., “Dualism and monism: a confrontation to be overcome”, (1977) 3 Italian Y.B.I.L. 31.Google Scholar
9 See Kirby, M., “The Australian use of international human rights norms from Bangalore to Balliol—a view from the Antipodes”, (1992) 18 C.L.B. 1306.Google Scholar
10 See Higgins, , “The relationship between international and regional human rights norms and domestic law”, (1992) 18 C.L.B. 1268.Google Scholar
11 See e.g. Mason, A., “The relationship between international law and national law and its application in national courts”, (1992) 18 C.L.B. 750.Google Scholar
12 See Laski, Harold, A Grammar ofPolities, London, 1967, at 66.Google Scholar
13 Unreported Suit No. M/102/93 of the Lagos High Court.
14 Unreported Suit No. ID/559m/90 of the Lagos High Court. See Odinkalu, , “Muhammed Garuba & Ors v. Lagos State Attorney-General & Ors: a case for municipal application of international human rights norms”, (1991) 1 J.H.R.L.P. 125.Google Scholar
15 (1986) 1 N.W.L.R. (PT. 14) 113.Google Scholar
16 (1990) 7 N.W.L.R. (PT. 163) 507.Google Scholar
17 [1992] LRC (Const) 623, per Aguda, J.A., at 663.Google Scholar
18 (1987) 2 Uniform Law Review Biannual 669.Google Scholar
19 See Lauterpacht, H., “Implementation of decisions of international organizations through national courts”, in Schwebel, (ed.), The Effectiveness of International Decisions, Leyden, 1971, at 65Google Scholar
20 (1963) 139 N.Y.S.C. (26) 872.Google Scholar
21 (1972) NJ. No. 192.
22 (1974) NJ. No. 229.
23 See also s. 30 of the 1960 Constitution, s. 31 of the 1963 Constitution and s. 42 of the 1989 Constitution.
24 See O'Connell, D.P., International Law, London, 1970, at 691Google Scholar; and Goodwin-Gill, G.S., International Law and the Movement of Persons Between States, Oxford, 1978.Google Scholar See also Joyce v. DPP [1946] A.C. 347Google Scholar and R. v. Brailsford and Anor [1905] 2 K.B. 730.Google Scholar
25 See Nylander, A., The Nationality and Citizenship Laws of Nigeria, Lagos, 1973, at 81.Google Scholar
26 [1984] A.C. 680, 700.
27 See Okere, B.O., “Judicial activism or passivity in interpreting the Nigerian Constitution”, (1987) 361 I.C.L.O. 789.Google Scholar
28 See Bagwati, P., “The role of the judiciary in the democratic process: balancing activities and judicial restraint”, (1992) 18 C.L.B. 1262.Google Scholar
29 See Nweze, C.C., “Judicial attitude to constitutional guarantee of human rights in Nigeria—a critique”, paper presented at the Faculty of Law, University of Nigeria, Enugu Campus, June 1994.Google Scholar
30 See Shugaba Darman v. Minister for Internal Affairs (1981) N.C.L.R. 25.
31 See Brownlie, I., Principles of Public International Law, Oxford, 1979, at 557.Google Scholar
32 See Arkelian, A.J., “The right to a passport in Canadian law”, (1983) 21 Can. Y.B. Int'l L. 284.Google Scholar
33 (1981) 1 N.C.L.R. 25.Google Scholar
34 (1967) AIR C.S.C. 1836.
35 (1967) 3 S.C.R. 525.Google Scholar
36 (1958) 2 L. Ed. (2d) 1204Google Scholar or (1957) 357 U.S. 116.Google Scholar
37 (1964) 12 L. Ed. (2d) 992.Google Scholar
38 (1964) 38 U.S. 1.Google Scholar
39 See Triska, J.F., Constitutions of the Communist Party States, Stanford, 1968.Google Scholar
40 This Charter has been described by Lord Bracton as a Carta Libertatum. See Sen, P., A Comparative Study of the Indian Constitution, Vol. II, Bombay, 1966, at 123.Google Scholar
41 See Lancy, R., “The evolution of Australian passport law”, (1982) 13 M.U.L.R. 428, 429.Google Scholar
42 See Halsbury Laws of England, 3rd ed., London, 1954, at para. 18 and footnote (a).Google Scholar
43 [1989] 1 All E.R. 655, per O'Connor, , Nicholls, and Taylor, L.JJ. But see s. 6 o f the Canadian Charter of Rights and Freedoms.Google Scholar
44 [1905] 2 K.B. 730, 745.Google Scholar
45 Unreported Suit No. CA/L/225/92 of 6 July, 1994.
46 4 L. Ed. 97.Google Scholar
47 See Arkelian, , above n. 32, at 284.Google Scholar
48 Ibid., 285.
49 See Binavince, E.S., “The impact of the mobility rights: the Canadian Economic Union—a boom or a bust?” (1982) 14 Ottawa L. Rev. 340.Google Scholar
50 See Ajomo, A., “Human rights under the Nigerian Constitutions”, in Osinbajo, Y. and Kalu, A. (eds.), Democracy and the Law, Lagos, 1991, at 123.Google Scholar
51 Above, n. 45.
52 For discussions of the U.S. position, see Ansbacher, R., “Passport revocation: balancing constitutional freedoms with national security concerns”, (1981) 33 University of Florida L. Rev. 428Google Scholar; Capassakis, E., “Passport revocations or denials on grounds of national security and foreign policy”, (1981) 49 Fordham L. Rev. 1178Google Scholar; and Kaplan, S., “The CIA responds to its black sheep: censorship and passport revocation—the cases of Philip Agee”, (1981) 13 Conn. L. Rev. 317.Google Scholar