FUNDAMENTAL RIGHT ENFORCEMENT PROCEDURE RULES – EFFECT OF NON-COMPLIANCE WITH THE FUNDAMENTAL RIGHT ENFORCEMENT PROCEDURE RULES
“Order IX of the Fundamental Right Enforcement Procedure Rules, 2009 makes provision with respect to the effect of non-compliance with the Rules. It reads:
1. Where at any stage in the course of or in connection with any proceedings there has, by any reason of anything done or left undone, been failure to comply with the requirement as to time, place or manner or form, the failure shall be treated as an irregularity and may not nullify such proceedings except as they relate to (i) Mode of commencement of the application;
(ii) The subject matter is not within chapter IV of the Constitution or the African Charter on Human and People's Rights (Ratification and Enforcement) Act."
PER A.O OBASEKI- ADEJUMO IN THE CASE OF CENTRAL BANK OF NIGERIAV. CHIEF DANIEL OBAMENEKE OKEMUO & ANOR; LER:(2016)CA/L/1208/2010