The procedural rules that govern how Nigerians can enforce their constitutional rights in the Federal High Court and State High Courts — making constitutional rights claims faster and more accessible.
The Fundamental Rights (Enforcement Procedure) Rules 2009 (made by the Chief Justice of Nigeria) streamline the process for enforcing rights under Chapter IV of the 1999 Constitution. An applicant can file an originating motion directly in the High Court without filing a regular writ. Courts must treat the matter as urgent and prioritise it. Human rights lawyers often take these cases pro bono or at reduced fees, and courts have wide powers to grant remedies including compensation, injunctions, and declarations.
A journalist is unlawfully detained by state security forces for 10 days without charge or access to a lawyer. His family files a motion under the Fundamental Rights (Enforcement Procedure) Rules in the Federal High Court. The court grants an order for immediate release and awards ₦5 million in damages.
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