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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The fundamental right to a passport under Nigerian law: an integrated viewpoint
Author:Okafor, Obiora ChineduISNI
Periodical:Journal of African Law
Geographic term:Nigeria
Subjects:human rights
Abstract:The fundamental human right to enter or leave Nigeria is entrenched by section 38 of the 1979 Constitution. Pursuant to the guarantee of the right to freedom of exit from Nigeria, the right to enter Nigeria, the right to personal property and the right to personal liberty guaranteed by the Nigerian Constitution as well as by the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights, there is a right to be issued a passport under Nigerian constitutional law, and this right is only subject to certain restricted derogations made by or under a written law. International human rights norms take precedence over all municipal enactments, including military decrees. The author elucidates how this normative position may be utilized in the service of libertarian objectives in Nigeria, and refers to the decision of the Court of Appeal of Nigeria in Olisa Agbakoba v. The Director, State Security Services and Anor, in which the Court upheld the fundamental right of every Nigerian to a passport, but only as a derivative of the right to leave Nigeria. Notes, ref.