FUNDAMENTAL RIGHTS ENFORCEMENT ACTIONS IN NIGERIA: A RECOMMENDATION FOR THE SUPREME COURT TO BE THE COURT OF FIRST INSTANCE AND THE FINAL COURT. | Hameed Ajibola Jimoh Esq.

Fundamental rights enforcement actions or suits in Nigeria have always suffered setbacks as a result of delays in our courts that last for years, and in some instances, the suits are frustrated by unnecessary appeals to the Supreme Court, which lasts for over a number of unpredictable years in court. Some of the Respondents devise the use of appeal to cause frustration to the Applicant or victim of the violation in order for the victim not to enjoy the fruits of the judgment held in his favour by the court (and knowing that the Applicant may not have the financial capacity to pursue such appeal up to the Supreme Court). Also, with due respect, some of our High Court Judges (by their reasoning and judgments in fundamental rights enforcement actions) are not experienced in fundamental rights enforcement suits, thereby creating an unhealthy environment for the success of such suits and creating opportunities for avoidable appeals. Also, a number of orders are not being obeyed by the Respondents, especially the government and some of its agencies, because a number of fundamental rights enforcement suits are against the government or any or some of its agencies. This act of disobedience by the government and some of its agencies (if not all) has become the order of the day. Disobedience to court orders with no consequences has established confidence in the government. It seems (in my humble view) that the only court at the moment that the government of Nigeria is ready to obey its orders is the ‘SUPREME COURT’, probably for being the final court of the land. Hence, for the above background reasons, this paper in a way of finding lasting solutions to all the above-highlighted issues in fundamental rights enforcement suits came up with a recommendation that our lawmakers should amend the Constitution as necessary as required to confer original jurisdiction on the Supreme Court of Nigeria, to hear fundamental rights enforcement suits at first instance and that the entire proceedings shall be concluded within a specified period but not more than six (6) months from the day of filing and Judgment delivered within the same period and whose decision shall be final. This, in my humble view, would assist an effective and efficient justice delivery in fundamental rights enforcement suits in Nigeria if human beings are actually honourable in the minds of our lawmakers and those actors in the enactment of laws in Nigeria. Hence, this topic.

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