The Controversy on the Propriety of Multiple Applicants in an Action for the Enforcement of Fundamental Rights.

Written by Ekene Raphael Obi Esq.

Abstract

The issue of whether two or more applicants can file or bring an application for the enforcement of their fundamental rights, under the FREP Rules 2009 in the Nigerian legal system, has been a vexed issue with sharply contrasting views held by several authors and lawyers, and even the members of the bench are not left out in the controversy.

These contrasting views were reached,in the, by the interpretation ascribed to the provisions of Section 46(1) of the 1999 CFRN and the Preamble of the Fundamental Rights (Enforcement Procedure) Rules 2009.

This divide in opinions is further heightened by the fact that there is no single Supreme Court authority, to the knowledge of the writer, on this issue and thus, litigants, lawyers and the trial courts (the High Courts in Nigeria) have had no choice than to depend on the numerous conflicting decisions of the Court of Appeal on the issue.

This essay is aimed at examining the statutory provisions and judicial authorities on the issue, presenting the arguments in favour and against joint application by multiple applicants, recommendation and suggestion on the way forward.

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Article -Enforcement of Fundamental Rights