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FUNDAMENTAL RIGHTS ENFORCEMENT PROCEEDINGS – RATIONALE FOR HEARING FUNDAMENTAL RIGHTS ENFORCEMENT PROCEEDINGS ON AFFIDAVIT

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 Anonymous
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"The law obviously, is that matters of fundamental rights enforcement proceedings are to be heard on affidavits simplicita, and the apex court justifies this reasoning in Akunnia V Ag Anambra State (1977) LPELR 394 (SC), per Idigbe, JSC in the following words:

 

"There is no doubt that in cases of this nature relating to the Fundamental Rights of the citizens, it is very desirable that the matter be dealt with expeditiously and, where possible, procedures which by their nature are cumbersome and prone to delay should be avoided. This is the raison d’etre for the special treatment given to the subject of Fundamental Rights and enforcement thereof in the constitution".

 

-         PER G.O.KOLAWOLE, J.C.A IN FIDELITY BANK PLC V JAMES OLANREWAJU & ORS

Appeal no: CA/L/976/2015

LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/L/976/2015

 

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