In Peterside v. IMB Nigeria Ltd (1993) 2 NWLR (Pt. 278) at 712, the Court opined that the rights that can be enforced under the Fundamental Human Rights Enforcement Procedure Rules must be those ones that have been specifically mentioned in Chapter 4 of the 1999 Constitution.

Hence the Fundamental Human Rights Enforcement Procedure Rules cannot be used to institute an action for the enforcement of a right that has not been specifically enlisted in chapter 4 of the Constitution of the Federal Republic of Nigeria 1999.

Thus in University of Ilorin v. Idowu Oluwadare (2006) 45 WRN 145 at 167, the Supreme Court held that:

"... the right to studentship not being among the

rights guaranteed by the 1999 Constitution, the

only appropriate method by which the respondent

could have challenged his expulsion was for him to

have commenced the action with a writ of summons

under the applicable rules of Court...".

In a nutshell, an action can only be commenced pursuant to the Fundamental Human Rights Enforcement Procedure Rules where the main claim borders on the enforcement of any of rights specifically provided for under chapter 4 of the 1999 Constitution. See Sea Trucks Nigeria Ltd v. Anigboro (2001) 10 WRN