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Difficulty: HardCitizenship, Fundamental Rights, Duties, and Obligations

In Nigeria, a statutory law that temporarily restricts public assembly and freedom of movement during a national health emergency is constitutionally valid primarily because fundamental rights are:

  1. qualified and subject to constitutional derogation in the interest of public safety and order.Answer
  2. B
    absolute guarantees that apply strictly without any form of legal limitation during peacetime.
  3. C
    subordinate to arbitrary executive directives and emergency presidential decrees.
  4. D
    privileges granted exclusively at the discretion of the legal sovereign rather than constitutional law.

Answer

qualified and subject to constitutional derogation in the interest of public safety and order.
Under Section 45 of the 1999 Constitution of Nigeria, fundamental rights such as freedom of movement and assembly are qualified rights. The Constitution permits statutory restrictions on these rights provided the laws are reasonably justifiable in a democratic society for public health, safety, defense, or public order.

Step-by-Step Solution

1
Identify the core constitutional issue presented in the scenario.
The issue pertains to the legal validity of restricting fundamental rights during a public emergency.
Constitutional law distinguishes between absolute rights and qualified rights that permit legal derogation.
2
Analyze Section 45 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Section 45 explicitly provides that rights such as freedom of movement and peaceful assembly can be restricted by any law that is reasonably justifiable in a democratic society in the interest of defense, public safety, public order, public morality, or public health.
This establishes that fundamental rights are qualified, not absolute.
3
Evaluate the option choices against constitutional principles.
The statement asserting that rights are qualified and subject to constitutional derogation accurately reflects Section 45 provisions.
All other choices mischaracterize rights as either absolute, subordinate to arbitrary executive power, or mere discretionary privileges.

Key Concept

Constitutional Limitations and Derogation of Fundamental Rights (Section 45)
Estimated Time:1m 30s
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Topics

Citizenship, Fundamental Rights, Duties, and Obligations

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