Public & International Law

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Start date: 2000Subject: search.filters.subject.Affidavit Evidence

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    Questions arising from the choice of originating processes in application for enforcement of fundamental rights in Nigeria
    (Faculty of Law, Baze University, Abuja, Nigeria, 2021) Adeniji, S. A.
    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.
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    Procedural challenges in the mode of commencement of fundamental right suit under the fundamental rights (enforcement procedure) rules 2009
    (Faculty of Law, University of Ibadan, Ibadan, 2021) Adeniji, S. A.
    Under the Nigerian law, human rights are categorized \-s into justiciable and non-justiciable rights and they are contained in Chapters 4 and 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended. In enforcing the justiciable rights, Section 46(3) of the 1999 CFRN, empowers the Chief Justice of Nigeria (CJN) to make Rules for their enforcement. Hence, the CJN made the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009). This paper examines the mode of commencement of an action under the FREPR 2009. It adopts a doctrinal methodology by engaging in textual analysis of FREPR 2009. It finds that under Order II Rule 2 of the FREPR 2009, an application for the enforcement of fundamental rights may be made by any originating process accepted by the court which are writ of summons, petition, originating motion and originating summons. Therefore, it is argued that this provision has created a situation of uncertainty in respect of the mode of commencement of an action. It is recommended that FREPR 2009 be amended to make certain the mode of commencement and that originating motion is preferable.