Questions arising from the choice of originating processes in application for enforcement of fundamental rights in Nigeria

Abstract

This article is aimed at informing legal practitioners and applicants in the fundamental rights proceedings on the originating processes strictly allowed hv the Fundamental Rights (Enforcement Procedure) Rules. (FREP Rules) accepted by the court for the enforcement of fundamental rights matter in the high court 's regardless of what FREP Rules provide. Since application for the enforcement of fundamental right is heard on the affidavit in support of the application and the affidavits which every party to the application proposes to use at the hearing, this article draws distinction between affidavit evidence and written statement of oath. In conclusion, this article calls on the Chief Justice of Nigeria, in line with the power conferred on his office under Section 46 (3) of the Constitution of the Federal Republic of Nigeria (As Amended) to amend Order II of FREPR 2009 to correct this anomaly. This article, again, calls on the Supreme Court to decide on this issue.