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Open Access Enforcing Fundamental Rights in Nigerian Courts – Processes and Challenges

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Enforcing Fundamental Rights in Nigerian Courts – Processes and Challenges

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Fundamental rights provisions have continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. The enforcement procedure, however, remains identical to the one provided in 1979, in the Fundamental Rights (Enforcement Procedure) Rules. The parliament has remained aloof to these obvious realities of the procedural complications. Social, political and economic factors have continued to constitute the greatest hindrances to the citizens' desire to seek redress for the infringement of their rights. This article evaluates the provisions on fundamental rights in the Nigerian constitution, and considers the extent of enforceability under the rules and jurisdiction of courts as provided in the constitution. Alternative dispute resolution may be the panacea for the legal and economic hindrances on rights enforcement. Recommendations are accordingly made for the government to facilitate and encourage the citizens to have recourse to mediatory process in less difficult cases.

10.1163/221097312X13397499736787
/content/journals/10.1163/221097312x13397499736787
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/content/journals/10.1163/221097312x13397499736787
2009-11-01
2016-12-03

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