FUNDAMENTAL RIGHTS PROTECTION VIS-A-VIS APPLICATION OF LIMITATION CLAUSE IN THE 1999 CONSTITUTION OF NIGERIA

Abstract

Fundamental rights have been codified in the constitution of Federal Republic of Nigeria 1999. In the course of codification, it was also provided that circumstances may arise whereof there will be restrictions and derogation whereby these rights though guaranteed may not be fully available to any individual or group of persons. This work evaluated when the fundamental human rights or any right guaranteed under the constitution may be restricted or denied to an individual or group of persons in any circumstance and whether the proportionality of restriction is justified. Doctrinal methodology was employed in the course of this work. The work found that so far as limitation is provided the derogation most often is not proportional and therefore unjustified. The work recommended upholding the tenets of the legal system through effective enforcement.