Enforcement Of Fundamental Human Right Flashcards
Section for enforcement of right (typically)
Order 2 of fundamental right enforcement procedure rule 2009
Content of written address
Introduction
Brief summary of facts
Issues for determination
Legal arguments
Conclusion
List of authorities
Which court has jurisdiction over enforcement of rights procedures
By virtue of section 46 of the 1999 Constitution of the Federal Republic of Nigeria (as amended),
jurisdiction in fundamental rights suits is vested in the High Court in a State, which implies that the State High Court and Federal High Court exercise concurrent jurisdiction in this matter.
Are fundamental rights procedures statute barred
Fundamental right actions are not subject to limitation law and therefore cannot be statue bared.
Order 3 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009
Who Can Institute Fundamental Rights Proceedings?
- Anyone acting in his own interest;
- Anyone acting on behalf of another person;
- Anyone acting as a member of, or in the interest of a group or class of persons;
- Anyone acting in the public interest
- Association acting in the interest of its members or other individually
Assuming the infringement occurred in more than one State which court will have jurisdiction
the Court that will have jurisdiction on the matter will be any of the High Courts in either of the two or more States; Madiebo v. Nwanko; Uzoukwu v. Ezeonu II.
Mode of commencement for enforcement of right
Originating motion on notice SAUDE V ABDULLAHI
Is leave of court required
NO LEAVE of Court is required for enforcement of fundamental right–Order II Rule 2 FREP Rules.
Can fundamental right actions be brought against individuals
Yes Fundamental rights enforcement actions can be brought against individuals; see Garba v University of Maidugiri,
Order 1 of the Fundamental
Rights (Enforcement Procedure) Rules 2009
PROCEDURE FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS
An originating motion with
Statement
Affidavit
Written address
What is the proper procedure to raising preliminary objections
The Respondent’s Notice of Preliminary Objection must be filed along with the counter affidavit
to the main application.
Order 8 Rule 2
How does a court treat preliminary objection
On the date of hearing, the preliminary objection shall be heard along with the substantive
application.
Order 8 Rule 4
What possible orders will the court make at the hearing of the preliminary objection application?
The Court after hearing the application may make any of the following orders:
(a) Striking out the application for want of jurisdiction; or
(b) Setting aside the service of the originating application.
Order 8 Rule 5
Section for the need of certified true copy
S105 Evidence Act
When is a CTC needed
When the document is a public document
Examples of public documents
Documents that belong to government agencies
document made by a public officer for the purpose of the public making use of it and one which the public have access.
Duration for response to application by the respondent
5 days
Within 5 days of the service on him of such application
Order 2 Rule 6
Comment on the conduct of the Respondent’s Counsel in failing to file a response and simply appearing in Court to orally admit the claim to the Applicant in open Court.
By failing to file a response to the claim of the Applicant, the Court shall presume that the
Respondent has accepted the facts as presented by the Applicant.
Order 8 Rule 3
The requirements for admission of computer generated evidence are ?
The requirements for admission of computer generated evidence are provided for in section 84 of the Evidence
Act, as follows:
- It must be shown that the evidence was produced at a time the computer was in regular use.
- It must be shown that the evidence was made in the ordinary course of business.
- It must be shown that the computer was in good working condition at the material time.
- It must be shown that the information contained in the evidence is derived from the information supplied to the computer in the ordinary course of business.
Duties of a lawyer a new lawyer to a former lawyer
Rule 29 RPC
The new lawyer shall;
i. Promptly give notice to the former lawyer.
ii. Ensure that the former lawyer is paid his fees.
Where change of lawyer happens over the course of litigation, the old and new lawyer shall give
notice of change to the Court.
Okiki Dede’s daughter, Bimbo, aged 13, witnessed the assault on her father. What
precautions do you need to take to enable Bimbo give evidence in her father’s favour?
Under the Evidence Act 2011, a child who has not attained 14 years can give evidence but the court must be satisfied that the child is possessed of the requisite intelligence to justify the reception of her evidence in that the child understands the questions put to her and is able to
give rational answers to them and also understands the duty of speaking the truth.
Section 175, 208 and 209 of the Evidence Act
Thus, foundation must be laid to satisfy the foregoing before Bimbo can give evidence in her father’s case.
When does FHC have exclusive jurisdiction over enforcement of fundamental right
For the purpose of bar final examination, where the subject matter leading to the breach is within the exclusive jurisdiction of the FHC (for instance financial crime or drug related issues) or any of the party is a Federal Government agency (for instance EFCC or NDLEA), it is appropriate to commence the action at the Federal High Court; Tukur v. Government of Gongola State
Procedure for the response to an enforcement of fundamental right
a) A counter affidavit
b) A Written address
c) Notice of preliminary objection if he is challenging the jurisdiction of the Court
