Fundamental Rights Enforcement

Question 1

Where can we find our fundamental rights?

Answer 1

Chapter IV, Sections 33-43 CFRN 1999

Question 2

List 5 fundament rights

Answer 2

Any from this list - Right to:

1. Life
2. Dignity
3. Liberty
4. Fair Hearing
5. Family Life & Privacy
6. Thought, Conscience and Religion
7. Free expression and press
8. Peaceful Assembly
9. Free Movement
10. Freedom from discrimination
11. Ownership of Property

Question 3

Which court has jurisdiction to hear fundamental rights cases?

Answer 3

Any High Court of the State

FHC, HC & NIC

Question 4

What is the applicable rules of court?

Answer 4

Fundamental Rights Rules 2009

Question 5

Who can apply for enforcement of fundamental rights?

Answer 5

1. Anyone acting in his own interest
2. Anyone acting on behalf of another person
3. anyone acting as a member of, or in the interest of a group/class of persons
4. Anyone acting in the public interest
5. An association acting in the interest of its members or other individuals or groups

Question 6

What does the authority of Adesanya v President say?

Answer 6

A litigant in a suit must show that he will or he has suffered above all others in order to have locus stands to maintain an action

Question 7

What is the statute of limitations for enforcement of fundamental rights?

Answer 7

Order 3 Rule 1

There is no limitation within which an applicant may apply for enforcement of fundamental rights

Question 8

What mode of commencement do you use for fundamental rights enforcement?

Answer 8

Order 2 Rule 2
Applicant can use any originating process approved by the court BUT in practice, the most common mode is originating MOTION.

Question 9

Can a fundamental rights application be made ex-parte?

Answer 9

If the court is satisfied that the exceptional hardship may be caused to the applicant before the service of the application, especially where life and liberty are at stake.

Question 10

What documents must accompany an application for enforcement of Fundamental Rights?

Answer 10

1. Statement setting out the NAME and description of the applicant, the RELIEFS sought and the GROUNDS
2. Affidavit
3. Written Address

Question 11

How long does a respondent to a fundamental rights enforcement applicator have to file his written address and counter affidavit?

Answer 11

Within 5 days of service

Order 2 Rule 6

Question 12

What can a respondent do if he challenges the jurisdiction of the court?

Answer 12

He can apply to the court by a notice of preliminary objection fr an order stirring out the suit or setting aside the proceedings.

The notice of PO is to be filed alongside the counter affidavit
Order 8 Rule 1 & 2

Question 13

When should a preliminary objection to a fundamental rights application be heard?

Answer 13

Alongside the substantive application on the date of hearing

Order 8 Rule 4

Question 14

What is the nature of hearing in Fundamental Rights Enforcement?

Answer 14

Hearing shall be on the parties’ written address but they are allowed argument of no more than 20 minutes each for matters not contained in the written address provided such matters came to light after filing

Order 12 Rule 2

Question 15

Can parties in Fundamental Right Enforcement introduce matters not contained in their written address during hearing?

Answer 15

Order 12 Rule 2 FRR states that they are allowed no more than 20 minutes each for matters not contained in the written address provided such matters came to light after filing. So yes, in the above circumstances they can

Question 16

Order 12 Rule 13 FRR

Answer 16

If party that files a Written Address is absent from court, the court shall either suo moto or upon oral application by counsel order the addresses be deemed adopted if it is satisfied that all parties had notice of the date of adoption

Question 17

Order 2 Rule 6 FRR

Answer 17

Respondent is required to file his written address and counter affidavit opposing an application within 5 days

Question 18

Order 3 Rule 1 FRR

Answer 18

There is no limitation within which an applicant may apply for enforcement of fundamental rights

Question 19

Order 2 Rule 2 FRR

Answer 19

Applicant may apply for fundamental rights enforcement using any origination process approved by the court

Question 20

Provide the authority that states the following: “A litigant in a suit must show that he will or he has suffered above all others in order to have locus stands to maintain an action”

Answer 20

Adesanya v President