Comment: The Propriety of Locus Standi Provision in Nigeria’s Fundamental Rights (Enforcement Procedure Rules), 2009

Abstract

Section 46(2) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN 1999) empowers the Chief Justice of Nigeria (CJN) to make rules regulating the enforcement of human rights. In 2009, pursuant to the foregoing powers, the CJN made the Fundamental Rights (Enforcement Procedure) Rules (FREP Rules 2009). Item 3(e) of the FREP Rules 2009 conferred locus standi (LS) on persons other than those specified under section 46(1) of CFRN 1999 to institute fundamental rights enforcement suits. The issues arising are: Is locus standi a substantive or procedural matter? Whether or not by section 46(1), (3) and (4) of the CFRN 1999, the CJN has the vires to make rules on locus standi; what is the status of the FREP Rules 2009 vis-à-vis the Constitution? Through comparative methods, it is argued that locus standi is a substantive matter; hence, the CJN lacks the vires to make rules on it. The comparative experience in Kenya and South Africa is examined to draw lessons in promoting access to justice which is one of the sustainable development goals (SDGs). Since Item 3(e) of the FREP Rules is ultra vires, its nullification and amendment of section 46(1) of CFRN 1999 are suggested to encapsulate the expansion under the FREP Rules 2009 as leeway.