Thursday, May 14, 2020

how to file an action for enforcement of fundamental human right before the high court of a state

HOW TO FILE AN ACTION FOR ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT BEFORE THE HIGH COURT OF A STATE

By: AMBALI ABDULAZEEZ MUHAMMAD

Ambali Abdulazeez Muhammed is a student of law, at university of maiduguri, Borno state. He is C.E.O of LAW AMPHITHEATER and he is so much interested in poem, academic writing.
To reach him,email:ambaliabdulazeez123@@gmail.com, or contact/whatsapp:08165658589

In an action for fundamental human right, strick adherence to method and procedure to file such application is of Paramount important. In doing this, the first thing to consider before filing an action is mode of commencement of such application. I.e what how do you commence an application for enforcement of fundamental human right.

Generally, there are four(4) ways to which a civil case can be commenced which are :

1. WRIT OF SUMMON ( USUALLY USED WHEN FACT ARE IN ISSUE)

2. ORIGINATING MOTION ( USUALLY USED FOR ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT AND OTHER RELATED MATTERS)

3. ORIGINATING SUMMON ( USUALLY USED TO COMMENCE AN ACTION FOR INTERPRETATION OF LAWS OR RULES)

4. PETITION ( MOSTLY USED TO COMMENCE ACTION FOR DIVORCE AND OTHER MATTERS RELATING TO PETITION)

A perusal of the mode of commencement of action listed above will clearly indicate that an action for fundamental human right will start or commenced by originating motion. Haven ascertain the mode upon which the suit will commence, the next thing to consider is the requirements for an action to be commenced by originating motion.

An originating motion must be supported with the following:

1. An affidavit setting out the fact relied upon.

2. All the exhibit to be relied upon

3. A written address in support of the application

The above listed requirements are of Paramount important for an application for enforcement of fundamental human right to succeed.

As regard to the affidavit, the only person that can deposed to such an affidavit is the applicant himself. The only exception to this is when the applicant is in police custody or is prevented by any other occurrence. In this regard, another person can be allow to deposed to the affidavit provided that he was informed of the fact by the applicant or he has personal knowledge of the fact. The is in compliance with order 2 rule 4 of fundament enforcement procedural rules 2009 which provides that:

” The affidavit shall be made by the Applicant, but where the applicant is in custody or if for any reason is unable to swear to an affidavit, the affidavit shall be made by a person who has personal knowledge of the facts or by a person who has been informed of the facts by the Applicant, stating that the Applicant is unable to depose personally to the affidavit.”

Similarly, Sometimes the applicant can come by way of motion ex parte for the enforcement of his/her right provided that such an applicant satisfied the court that he may suffer an exceptional hardship if the application comes by originating processes. See order 4 rule 3 (FREP) which provides that :

” The Court may, if satisfied that exceptional hardship may be caused to the Applicant before the service of the application especially when the life or liberty of the applicant is involved, hear the applicant ex parte upon such interim reliefs as the justice of the application may demand.”

Also Read:
Who are necessary parties to a sue

It therefore follows from the above that, the court can hear the applicant by ex parte if extreme hardship on the applicant is very imminent. The application by ex parte must also be supported by an affidavit wherein the ground relied upon for the application to be hear ex parte shall be stated.

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