Over the years, fundamental rights litigation has become a growing area of focus in Nigerian law, with the courts taking a more proactive stance in enforcing Fundamental Rights (Enforcement Procedure) Rules 2009 (the “FREP Rules”). However, there has been a long-standing controversy as to whether multiple applicants can jointly file a single action to enforce their fundamental rights under the FREP Rules, with the Court of Appeal making conflicting pronouncements on the issue.
In a landmark decision that reshapes the landscape of fundamental rights enforcement in Nigeria, the Supreme Court of Nigeria has clarified this long-contested procedural issue in the case of Total Exploration & Production (Nig) Ltd V. Okwu & Ors (2024) LPELR-62623(SC). The Court’s answer to the question is a resounding yes. This decision marks a progressive shift in the trajectory of fundamental rights litigation in Nigeria, underscoring the judiciary’s commitment to substance over technicality in human rights matters.
