Fundamental Rights Enforcement Procedure Rules

Citation.

1. These Rules may be cited as the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Interpretation.

2. In these Rules -

"African Charter" means the African Charter on Human and Peoples' Rights;

"Applicant" means a party who files an application or on whose behalf an application is filed under these Rules;

"Application" means an application brought pursuant to these Rules by or on behalf of any person to enforce or secure the enforcement of his fundamental rights;

"Constitution" means the Constitution of the Federal Republic of Nigeria, 1999;

"Court" means the Federal High Court or the High Court of a State or the High Court of the Federal Capital Territory, Abuja.

"Defend" includes react to;

"Fundamental Right" means any of the rights provided for in Chapter IV of the Constitution, and includes any of the rights stipulated in the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act;

"Human Rights" includes fundamental rights;

"Judge" means a Judge of the Court;

"Legal Representative" means a legal practitioner within the meaning of the Legal Practitioners' Act.

"Notarised" means endorsed (with signature and stamp or seal) by a legal practitioner appointed as a Notary Public under Notaries Public Act.

"Originating Application" means every application other than an application in a pending cause or matter;

"Public Interest" includes the interest of Nigerian society or any segment of it in promoting human rights and advancing human rights law;

"Prison Superintendent" means the person, whatever his official title, in charge of the prison or any other place in which the applicant is restrained or confined;