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Fundamental Rights Enforcement Procedure

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Enforcement of Fundamental Rights

Applicable Laws

The Preamble (para 3) of the Fundamental Rights (Enforcement Procedure) Rules 2009 lists the sources:

  1. CFRN 1999, especially Chapter IV;
  2. African Charter on Human and Peoples’ Rights (ACHPR);
  3. Fundamental Rights (Enforcement Procedure) Rules 2009 (FREP Rules);
  4. Other instruments in the African human rights system;
  5. The UDHR and other UN human rights instruments;
  6. Municipal, regional and international bills of rights.

Rules of Court

  1. State High Court Civil Procedure Rules;
  2. Federal High Court Rules 2019;
  3. National Industrial Court Rules 2017;
  4. FCT High Court Rules;
  5. Court of Appeal Rules 2021.

Transitional Provision – Order XV r 4

Where in the course of any human rights proceedings any situation arises for which there appears to be no adequate provision in the FREP Rules, the Civil Procedure Rules of the Court shall apply.

Innovations of the 2009 FREP Rules

  1. No distinction between fundamental rights and human rights;
  2. Actions can no longer be struck out for want of locus standi;
  3. No limitation period;
  4. No leave required before bringing action;
  5. No single mode of application;
  6. Requirement for written address;
  7. No filing of affidavit of service;
  8. Mode of effecting service is now stated;
  9. Non-compliance is now an irregularity (not a nullity);
  10. Amici curiae are now allowed to be heard;
  11. An ex parte application can first be made in cases of urgency relating to threat to life or liberty;
  12. Preliminary objection is taken together with the main application - Order VIII;
  13. Substituted service can be applied for without attempt of service - Order V r7;
  14. Fundamental rights applications to be entertained expeditiously.

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