INTRODUCTION
The idea that a corporation can invoke fundamental rights specifically created for the protection of human beings might appear contradictory. However, the concept of corporate personality has evolved to bestow certain human rights on corporations to enable them to defend their interests. This concept is not alien to Nigerian law and our courts have considered arguments on the applicability or otherwise to companies of the provisions of the Constitution, ordinarily applicable to human beings.
The attitude of the Nigerian Courts has shown that a corporation may successfully invoke the human rights provisions under the Constitution of the Federal Republic of Nigeria 1999 (as amended) (the “Constitution”). Some of these rights which are guaranteed include the right to fair hearing, right to acquire and own property, freedom of speech, and right to privacy.
The aim of this article is to analyse the protection afforded to corporations under the provisions of Nigerian law and the procedure for enforcement of these rights.
HUMANS RIGHTS AND CORPORATIONS
The need to protect the interests of corporate entities and the economic safety of the society as a whole has metamorphosed the term ‘human’ to include natural and legal persons (which includes entities like corporations and non-governmental organisations).
Several of the rights guaranteed under Chapter IV of the Constitution have been expressly limited to the ‘citizens’ of Nigeria, while others are available to every ‘person’ in Nigeria. At this juncture, the question of whether a company is a person or citizen of Nigeria arises.
It is settled law that from the date of incorporation, when a company is registered under the Companies and Allied Matters Act 2020 (CAMA), it starts to enjoy the status of a legal ‘person’ distinct from its subscribers and such other persons that may become its members in the future. The word ‘person’ has been defined in the Interpretation Act as “anybody of persons corporate or unincorporate”. Courts have reaffirmed this definition contained in the Interpretation Act.
‘Citizen’, on the other hand, has not been defined anywhere in Nigerian law for the purpose of the application of Chapter IV of the Constitution. However, this might not be a bother because case law suggests that some of the rights limited to citizens can also be applicable to corporations. For instance, the right of any citizen to acquire immovable property and the right against compulsory acquisition of property guaranteed under sections 43 and 44 (1) of the Constitution, respectively.
