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ENFORCEMENT OF FUNDAMENTAL RIGHTS – APPROPRIATE COURT VESTED WITH JURISDICTION TO ENTERTAIN AN ACTION ON ENFORCEMENT OF FUNDAMENTAL RIGHT- PURPOSE OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009

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 Anonymous
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“The enforcement of fundamental rights under which the 1st Respondent brought his action at the lower court is provided for in Chapter 4 of the 1999 constitution of the Federal Republic of Nigeria. Section 46 of the Constitution provides:
1. "Any person who alleges any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that state for redress.
2. Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing the enforcing within that State of any right to which the person who makes the application may be entitled under this Chapter.
3. The Chief Justice may make rules with respect to the practice and procedure of a High Court for the purposes of this section...."
See also Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
By the above provisions, any person whose fundamental right is breached, being breached or is likely to be breached, may apply to a High Court of in that state for enforcement of his rights. Meanwhile, pursuant to Section 46 (3) of the Constitution, the Chief Justice of the Federation made the Fundamental Rights (Enforcement Procedure) Rules, 2009 inter alia for the purpose of advancing and realizing but not for the restriction of the rights contained in Chapter 4 of the Constitution and the provisions of the African Charter of Human and Peoples Rights”. 

PER A. O. OBASEKI-ADEJUMO, J.C.A IN THE CASE OF CENTRAL BANK OF NIGERIAV. CHIEF DANIEL OBAMENEKE OKEMUO &ANOR:LER(2016) CA/L/1208/2010


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