CONSTITUTIONAL LAW — Access to Court — Constitutional Right — Cannot Be Taken Away by Implication
Principle Statement
Access to court is a constitutional right which can only be taken away by a clear provision in the Constitution. It cannot be taken away by implication or speculation by the courts.
Ratio Decidendi (Source)
Per Tobi, JSC, in Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC) at p. 17; Paras C–D.
"Access to court is a constitutional right which can only be taken away by a clear provision in the Constitution. It cannot be taken away by implication or speculation by the courts."
Explanation / Scope
The right of access to court is a fundamental constitutional right. It can only be restricted or taken away by an express constitutional provision. Courts will not imply restrictions on this right. Any limitation must be clear and unambiguous. This principle ensures that citizens have unimpeded access to justice.
