LEGAL PRINCIPLE: CIVIL PROCEDURE — Fundamental Rights Enforcement Procedure — Action for Wrongful Dismissal Cannot Be Brought Under Fundamental Rights Procedure Rules
PRINCIPLE STATEMENT
Wrongful dismissal belongs to common law class of actions; action for contravention of a fundamental right belongs to a constitutional class of actions. Where the main or principal claim is not the enforcement of a fundamental right, the fundamental rights procedure rules are inappropriate.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Grace Jack v. University of Agriculture Makurdi (2004) NLC-2622000(SC) at pp. 11–12; Paras E–A.
"Wrongful dismissal belongs to common law class of actions; whereas action for contravention or threatened contravention of a fundamental right belongs to a constitutional class of actions which is specially provided for. It follows that the appropriate procedure must be adopted in each class of actions. Where the main or principal claim is not the enforcement or protection of a fundamental right, the fundamental rights procedure rules are inappropriate."
EXPLANATION / SCOPE
The Fundamental Rights Enforcement Procedure is for constitutional claims, not common law claims. Wrongful dismissal arises from contract and common law. A plaintiff cannot dress a contract claim as a fundamental rights violation. The principal claim determines the proper procedure. The principle applies to all claims under the fundamental rights rules. Each class of action requires its proper procedural vehicle.