K.M.C CHAIN INDUSTR...
 

K.M.C CHAIN INDUSTRIAL COMPANY NIG.LTD V AKE BONO INDUSTRIAL COMPANY NIG. LTD& ORD. (2018) LPELR 43934. CA  

 

 Anonymous
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11/06/2019 10:08 am  

ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT(S): Who can bring an application for enforcement of Fundamental rights 

"The appeal no doubt centres on the interpretation of the provisions of Order XIII Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 which provides that: "Any person or body who desires to be heard in respect of any Human Rights Application and who appears to the Court to be a proper party to be heard, may be heard whether or not the party has been served with any of the relevant processes, and whether or not the party has any interest in the matter." The Fundamental Rights (Enforcement Procedure) Rules 2009 is a constitutional instrument made pursuant to Section 46(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). It is settled that in the interpretation of any of the provisions of the Constitution, a liberal interpretation of the words must be adopted and the provisions should be read as a whole so as to discover the true intention of the law makers and so that the true intent and objectives of the lawmakers can be achieved. In construing a constitutional instrument like the Fundamental Rights Enforcement Procedure) Rules 2009, undue emphasis must not placed on technicality, otherwise the intention of the law makers and the objects of the Constitution would be frustrated

Source - law pavilion


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