n African Human Rights Law Journal - The Nigerian Fundamental Rights (Enforcement) Procedure Rules 2009 : a fitting response to problems in the enforcement of human rights in Nigeria?
|Article Title||The Nigerian Fundamental Rights (Enforcement) Procedure Rules 2009 : a fitting response to problems in the enforcement of human rights in Nigeria?|
|© Publisher:||Pretoria University Law Press (PULP)|
|Journal||African Human Rights Law Journal|
|Publication Date||Jan 2010|
|Pages||502 - 514|
|Keyword(s)||Centre for African Legal Studies and Rivers State University of Science and Technology|
This article reviews the Nigerian Fundamental Rights (Enforcement) Procedure Rules 2009 to determine whether it is a suitable response to the numerous problems arising in the course of two decades of the enforcement of fundamental human rights in Nigeria. Such problems include the highly technical and formally procedural nature of the Fundamental Human Rights (Enforcement Procedure) Rules 1979; the requirement of standing to sue; and the distinction between principal and accessory claims. Through a review of the procedural changes made by the 2009 Rules and the overriding objectives in the application of the 2009 Rules the article demonstrates that the 2009 Rules may be regarded as a suitable response if the Nigerian judiciary recognises that utmost flexibility must be the fundamental ordering principle of human rights enforcement.
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