Having painstakingly perused the write-up of the O.G. Chukkol as published by THE NIGERIAN LAWYER- https://thenigerialawyer.com/can-an-application-be-filed-by-two-or-more-persons-for-the-enforcement-of-fundamental-right-by-o-g-chukkol/ on the 27th day of November,2018 as touching on the above captured subject matter, I commend the industry invested in the research and more particularly his opinion as against his position to which I intend to react.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
His position;
“In my view the current position of the law that disallows fundamental right action with multiple applicants is sound. It is also good that FREP Rules allow consolidation of suits. It should be noted that consolidating suits is for the purpose of convenience.”
His opinion;
“…However, I think allowing multiple applicants in a suit is far more convenient. This is because in consolidation there is need for application to be made but if several people are to be allowed to bring a single suit for the ventilation of their grievance, there will be no need for any application.
If I am correct that allowing several applicants in a single suit is more convenient than consolidation, then there is possibility for the interpretation of the Constitution and the FREP Rules to accommodate multiple applicants.”
Interestingly, the opinion of the writer as stated above was the reasoning of His Lordship, Hon. Justice Phoebe M. Ayua Sitting IN THE FEDERAL HIGH COURT OF NIGERIA, IN THE LOKOJA JUDICIAL DIVISION, HOLEN AT LOKOJA in the case of GIFTED HANDS INTERIOR & HOME CONSTRUCTIONS AND 1ORS VS. MRS AMPITAN BOLANLE & 1ORS suit no: FHC/LKJ/CS/07/2018 delivered on the 21st day of September, 2018 wherein my humble self, represented the Applicants. In that case, the Learned Counsel to the 2nd respondent raised an objection, placing reliance also on the case of KPORHAROR & ANOR. VS. YEDI & ORS. (2017) LPELR – 42418 (CA) that more than one applicant cannot bring an action for the enforcement of fundamental rights, and thereby prayed the court to strike out the application contending that it robs the court jurisdiction to entertain same. The Learned Trial Judge agreed with my response and resolved the preliminary issue raised in our favour on the following grounds;
- That the decision in KPORHAROR & ANOR. VS. YEDI & ORS. (2017) LPELR – 42418 (CA) took into consideration the provisions of FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 1979 in arriving at the decision that more than one Applicant cannot competently bring and application under the fundamental rights proceedings. The provisions of the FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 1979 were found to be somewhat restrictive in terms of the procedure to be followed by an aggrieved person or persons who intend to institute a fundamental rights application before the High Court, hence the promulgation of the currently applicable FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES,2009. The 2009 rules brought about procedural changes, one of which is the move away from the emphasis on procedural technicalities in determination of fundamental human rights disputes. This point was emphasised by the same Court of Appeal in the case of UMARU KWAGE & ORS V. UPPER SHARIA COURT, GWANDU & ORS, (2017) LPELR 42508 (CA).
That the case of UMARU KWAGE & ORS V. UPPER SHARIA COURT, GWANDU & ORS, (SUPRA) was decided by the Court of Appeal after the decision in KPORHAROR’s case and even though there was more than one applicant in that case, it was not raised as an issue and the proceeding was not nullified
- That considering the provisions of ORDER IX RULE 1 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES,2009, non-compliance with any of the provisions of the 2009 RULES in any proceeding should not be interpreted to have the effect of nullifying the proceeding, except where it concerns an error in the Mode of commencement of the suit.
- That from the totality of the review of the decision of the Supreme Court in DIAMOND BANK PLC V. H.R.H, EZE (DR.) PETER OPARA & ORS (2018) and the Court of Appeal decision in the case of MALLAM UMARU KWAGE & ORS V. UPPER SHARIA COURT, GWANDU & ORS, (2017) LPELR 42508 (CA), whereby in each of the two cases mentioned above, there were two or more applicants who instituted a suit jointly to enforce their fundamental rights, the use of the phrase “any person” in SECTION 46(1) OF THE 1999 CONSTITUTION and ORDER II RULE1 OF THE FREP RULES,2009, does not operate to preclude parties who have grievances, from seeking to secure the enforcement of their fundamental rights, jointly, in a single suit.
- That following the decision of the Supreme Court in SKYE BANK PLC V. ANAEMEM IWU (2017) LPELR-SC, it is clear that the phrase “any person” as used in SECTION 46(1) OF THE 1999 CONSTITUTION and ORDER II RULE1 OF THE FREP RULES,2009, can be interpreted to mean a plurality of persons as provided in SECTION 14(b) OF THE INTERPRETATION ACT. See the case of UNILORIN V. ADENIRAN (2007) 6 NWLR (PT. 1031) 498 at 509 F-G (CA), where the Court of Appeal held that by virtue of SECTION 318 OF THE 1999 CONSTITUTION, the INTERPRETATION ACT shall apply for the purpose of interpreting the provisions of the Constitution, and that the said INTERPRETATION ACT is part of the Constitution.
Respectfully, it is in line with the General responsibility of a lawyer as enshrined in rule 1 of the RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS,2007 that I deem it fit to quickly state, by placing reliance on the above cited authorities, that the current position is that two or more applicants can file an application for the enforcement of their fundamental rights in Nigeria.
OLUWATOSIN DAMILOLA MESE, ESQ is a legal practitioner in Abuja and Lokoja, Kogi State. Tosindamsam4all@gmail.com.08138409651
Contact & Orders 📞 0704 444 4777 | 0704 444 4999 | 0818 199 9888 🌐 www.alexandernigeria.com
______________________________________________________________________
The books are available for purchase at:
Online: www.educodex.com | www.selar.com | www.amazon.com | www.mikeozekhome.com
Enquiries: +234 704 044 9375 | +234 814 813 4773 | +234 816 872 3532
Email: educodexl@gmail.com
______________________________________________________________________
“History of Rivers State Judiciary: A Compendium of Personalities on the Bench.” Authored by Ampim Gogo Blankson, Esq., Deputy Director at the Rivers State Ministry of Justice, in collaboration with the Rivers State Judiciary
💰 Cover Price: ₦20,000.00 (Twenty Thousand Naira)
Bukky Law Books, Rivers State High Court Complex, Moscow Road, Port Harcourt – 📞 08034868754📞 08034729738📞 Enquiries
______________________________________________________________________
Explore Nigeria’s Constitutional System — 17 Chapters, 924 Pages Of Insight By Prof. Hagler Sunny Okorie
