This article offers a detailed breakdown of how to Start a Fundamental Rights Case in Nigeria. It outlines the steps involved in starting such a case, breaking down legal terms for clarity.
This is crucial because understanding how to initiate a fundamental rights case in Nigeria is the first step for anyone who believes their fundamental rights have been violated.
Courts with Jurisdiction in Fundamental Rights Cases
The first step in enforcing your fundamental rights is to determine which court has the authority, known as jurisdiction, to hear your case. In Nigeria, several courts have jurisdiction over fundamental rights enforcement:
State High Court
Any High Court within a state has jurisdiction to hear cases involving the enforcement of fundamental rights. This means that if your rights have been violated within a particular state, you can file your case in that state’s High Court.
Federal High Court
The Federal High Court shares concurrent jurisdiction with State High Courts in fundamental rights cases. However, it is generally appropriate to commence an action at the Federal High Court if the subject matter leading to the breach falls under its exclusive jurisdiction—such as issues related to financial crimes or drug-related matters—or if any party involved is a Federal Government agency, like the Economic and Financial Crimes Commission (EFCC) or the National Drug Law Enforcement Agency (NDLEA).
National Industrial Court
If the alleged breach of a fundamental right arises from labor, employment, or trade union matters, the case must be filed at the National Industrial Court. This court specializes in disputes related to industrial relations and employment issues.
Things to Note:
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Location of Filing: Your fundamental rights case must be instituted in the appropriate court in the state where the breach occurred. If the infringement occurred in multiple states, you can file the case in any High Court within those states.
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Concurrent Jurisdiction: Both State and Federal High Courts have concurrent jurisdiction in fundamental rights cases, meaning you have the option to choose either court, depending on the specifics of your case.
Determining if Your Right is Enforceable
Before initiating a fundamental rights case, it’s essential to determine whether the right you believe has been violated is enforceable under the fundamental rights enforcement procedure.
Only rights guaranteed under Chapter IV of the Nigerian Constitution or under the African Charter on Human and Peoples’ Rights can be enforced through this specific process. Chapter IV of the Constitution encompasses rights such as the right to life, right to personal liberty, right to fair hearing, right to privacy, and freedom of expression, among others. If the right you believe has been violated is not within these provisions, it cannot be enforced through this procedure.
Who Can Start a Fundamental Rights Case?
Understanding who has the legal standing (known as locus standi) to initiate a fundamental rights case is crucial. Locus standi refers to the right or capacity to bring an action or to appear in a court. In Nigeria, a wide range of individuals and entities can initiate a fundamental rights case:
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Anyone Acting in Their Own Interest: An individual who believes their own fundamental rights have been violated can file a case on their own behalf.
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Anyone Acting on Behalf of Another Person: An individual can initiate a case on behalf of another person whose rights have been violated. Notably, no fundamental rights enforcement action will be struck out on the ground of locus standi, meaning anyone can apply for the enforcement of another person’s right.
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Anyone Acting as a Member of, or in the Interest of, a Group or Class of Persons: A person can bring an action on behalf of a group whose rights have been infringed upon.
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Anyone Acting in the Public Interest: This includes individuals or organizations acting in the interest of Nigerian society or any segment of it.
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Associations Acting in the Interest of Their Members or Other Individuals: Associations, including human rights activists, advocates, or non-governmental organizations, can initiate actions on behalf of their members or other individuals.
It’s important to note that fundamental rights enforcement actions can be brought against government authorities and their agents. If your rights are violated by private individuals or companies, you should report these violations to the relevant government authorities. If the government fails to act, you can then take legal action against these authorities for their failure to enforce human rights protection.
Commencing the Action: How to Start a Fundamental Rights Case in Nigeria
To initiate a fundamental rights case, follow these steps:
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Consult a Lawyer: It’s advisable to seek legal counsel to guide you through the process.
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Prepare and File an Application: The application for the enforcement of fundamental rights can be made by any originating process accepted by the court. However, the Originating Motion on Notice is the most preferable method in practice. Crucially, no leave (permission) of the Court is required to commence an action for the enforcement of fundamental rights.
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No Time Limit: There is no longer any time limit within which to start these actions; they can be brought at any time. Even if years have passed since the alleged violation, an individual can still bring a case to court. This principle recognizes the importance of protecting fundamental rights and ensures that justice remains accessible regardless of delays.
What are the Supporting Documents Needed to Start a Fundamental Rights Case in Nigeria
When filing an Originating Motion on Notice, you must include the following Supporting Documents:
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A Statement: This document should clearly state your name and description, the reliefs you are seeking from the court, and the grounds upon which you are seeking those reliefs.
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An Affidavit: This is a sworn statement outlining the facts that support your application. Generally, the applicant should depose to the affidavit themselves. However, if the applicant is unable to do so, a person with firsthand knowledge of the facts or one informed by the applicant may depose to the affidavit, attesting to the applicant’s incapacity to personally execute it.
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A Written Address: This is a formal legal document that outlines the arguments and legal authorities supporting a party’s position in a case. In the context of a fundamental rights case, the Applicant’s Written Address presents their reasons supporting their application. A Written Address typically includes the following part:
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An introduction, which is a brief overview of the case and the issues in dispute.
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Statement of Facts: A summary of the relevant facts from the Respondent’s perspective.
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Issues for Determination: The key legal questions the court needs to decide.
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Arguments and Legal Authorities: The Respondent’s legal reasoning, backed by case law, statutes, and constitutional provisions.
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Conclusion: A summary of the arguments, urging the court to dismiss or refuse the Applicant’s request.
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Note that you do not need to first obtain the court’s approval before filing a fundamental rights enforcement case. In some legal matters, a person must apply for leave (permission) before proceeding with a case, but under the Fundamental Rights (Enforcement Procedure) Rules 2009, this step is unnecessary. This makes the process quicker and ensures that individuals can seek justice without unnecessary procedural hurdles.
What to Expect After Filing
Once the court receives your application, it will be officially served on the Respondent (the person or entity against whom the case is brought). The Respondent is required to respond within 5 days of receiving the application by filing the following:
- A Counter Affidavit – This is a sworn statement disputing the facts outlined in your affidavit. If the Respondent does not file a counter affidavit, the court will presume that they accept the facts you have presented.
- A Written Address – This contains the Respondent’s legal arguments and reasons why your application should not be granted.
- A Notice of Preliminary Objection (If Applicable) – If the Respondent believes that the court does not have the authority (jurisdiction) to hear the case, they may file a preliminary objection. The court will usually hear this objection alongside the main application to avoid unnecessary delays.
Your Right to Reply
As the Applicant, you have the right to respond to the Respondent’s filings within 5 days by submitting:
- A Reply on Points of Law – This addresses any new legal arguments raised by the Respondent.
- A Further Affidavit – If necessary, you may file an additional sworn statement providing further clarification or responding to the Counter Affidavit.
The Court Hearing Process
- The court will typically schedule a hearing within 7 days from the date the application was filed.
- Adjournments (delays) will only be granted when absolutely necessary due to the urgency of fundamental rights cases.
- At the hearing, both parties will present their legal arguments, and the judge will consider the affidavits, written addresses, and any oral submissions made in court.
- After considering the arguments and evidence, the court will issue a ruling on whether the Applicant’s fundamental rights have been violated and determine the appropriate remedy.
Possible Outcomes of the Case
If the court finds in favour of the Applicant, it may grant any of the following reliefs:
- A Declaration that the Applicant’s fundamental rights were violated.
- An Injunction restraining the Respondent from continuing the violation.
- Compensation or Damages to be paid to the Applicant for the harm suffered.
- Any Other Relief the court deems appropriate in the circumstances, such as the release of seized property, Access to medical care and counsel and A public apology.
If the court rules in favour of the Respondent, the case will be dismissed. However, the Applicant has the right to appeal the decision to a higher court if they believe there was an error in judgment.
See Also: “With All Due Respect”: the Lawyer’s Favorite Phrase for Disrespect
Conclusion on How to Start a Fundamental Rights Case in Nigeria
Enforcing fundamental rights in Nigeria is a vital legal process that protects individuals from government or private sector abuses. Understanding the jurisdiction of courts, the filing process, and the legal procedures involved can empower individuals to seek redress effectively. With no time limitation for filing and no requirement for prior court approval, the Fundamental Rights (Enforcement Procedure) Rules provide a relatively accessible pathway for individuals to claim their constitutional rights.
I hope this article on How to Start a Fundamental Rights Case in Nigeria has been helpful. Feel free to reach to us with your questions.