House officers at the Nnamdi
Azikwe University,Nnwei Anambra state, Eastern part of Nigeria are being threatened by the school
authority over joining association of resident doctors in the state who are currently on strike ,they
were given 24 hours to rescind their decision to join the Association or risk
withdrawal of their internship programme............culled from Linda Ikeji’s blog
This takes us the Nigeria’s
constitution 1999 that serves as an authority/guide to the citizens of Nigeria
and which its preamble states that WE THE PEOPLE of the federal republic of
Nigeria having firmly resolve.............and for a constitution for the
purpose of promoting the good government and welfare of all persons in our
country on the principles of freedom, equality and justice, and for the purpose
of consolidating the unity of our people. DO HEREBY make for ourselves the
following constitution.
Chapter four of the constitution
provide generally the fundamental right of all citizen of the country which
should not for any reason be breached, section 40 of the 1999 constitution
provides that
Every person shall be entitled to assemble
freely and associate with other persons, and in particular he may form or
belong to any political party, trade union or any other association for the protection of his interest.
The above quoted section made provision
and grant citizens the power to form or join any association so i wonder where
the authority got the power to prevent them from joining the association forcefully
when the law is so clear on this.
Fundamental right is a right of
citizens of Nigeria and this can be enforced in the law court if violated,
Section 46 of the constitution vests this power on the high court of the state
in which the breach occurred.
Section 46(1)CFRN any person who alleges
that any of the provisions of this chapter(iv) has been, or is likely to be
contravened in any state in relation to him may apply to a high court in that
state for redress.
Lord Denning said ‘God forbid a
law without an exception’ so the exception to this general provision of the
constitution Section 45(1) Nothing in section 37,38,39,40 and 41 of this
constitution shall invalidate any law that is reasonably justifiable in a
democratic society-
(a) In
the interest of defence ,public safety, public order, public morality or public
health ; or
(b) For
the purpose of protecting the rights and freedom of other persons.
The house officers decision to
join the association was because of an unaccountable deduction in salary and
good working condition believing ARD would protect their interests,so if these
is the reason then they have not contravened the provision of section 45(1) of
the constitution.
We humbly urge the authorities of
this institution to desist from these empty treat in the interest of justice
and fair play.
Thank you.
Oyenike Alliyu-Adebiyi LLB(hons)BL
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