LEGAL PRINCIPLE: CIVIL PROCEDURE — Fundamental Rights Enforcement — Form of Originating Process Liberalised for Enforcement of Fundamental Rights
PRINCIPLE STATEMENT
The manner in which the court is approached for the enforcement of a fundamental right is hardly objectionable once it is clear that the originating court process seeks redress for the infringement of the right. The process could be by Fundamental Rights Rules, originating summons, or writ of summons.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FRN & Anor v. Ifegwu (2003) NLC-1152002(SC) at p. 12; Paras D–E.
"The manner in which the court is approached for the enforcement of a fundamental right is hardly objectionable once it is clear that the originating court process seeks redress for the infringement of the right so guaranteed under the Constitution. The court process could come by the Fundamental Rights (Enforcement Procedure) Rules or by originating summons or indeed by writ of summons."
EXPLANATION / SCOPE
The form of process for fundamental rights enforcement is liberal. The principle applies to constitutional law. Any originating process is acceptable if it seeks redress for infringement. The rule ensures access to justice. The court will not strike out for technical defects. The principle is well-established.