Based on the provisions in the Fundamental Rights Enforcement Rules, Section 3(e), the followings persons or organizations can take legal action to challenge human rights violation:
It is important to identify who you can take legal action against because suing the wrong party (person) could make you lose your case.
Legal action can therefore be taken against the person or entity directly responsible for the violation of your rights. It could be taken against:
As long as they are responsible for the violation of your rights.
You may take legal action against anyone or institution who infringes upon your rights, by instituting an action in a High Court (Federal or state).
However, in a matter in which the Federal Government or any of its agencies is involved, the Federal High Court will be the right court at which to institute your action.
The steps involved are as follows:
1.An application for the enforcement of Fundamental Rights may be made by any originating process to the court. The application shall be supported by a statement setting out the:
2.The application must be supported by an affidavit setting out the facts upon which the application is made as provided under Order II Rules 2 and 3 of the FREP rules 2009.This means explaining what the facts where that lead to your human rights being violated.
3.The application should be accompanied by a written address which shall contain brief argument in support of the grounds, or reasons as to how the facts amount to the violation of your rights and which rights, as provided under Order II Rule 5 of the Rules.
4. The other party will be served with your application, which means the other party will be made aware of the application. They will be given 5 days from receiving your application to oppose and submit a written address and a counter affidavit stating his facts and grounds to oppose your application.
5. You wll then be served or informed by the court about the other party’s response and will be given 5 days to respond to their arguments by submitting another written address and affidavit.
In order for your action to stand a chance at being successful, you need to ensure that you are able to provide evidence in support of your allegations.
Without evidence, it would be difficult to win a case. Therefore, to prove that your rights have been violated, you as the victim could provide different forms of evidence, such as:
There are practial aspects which are relevant to think about when deciding if to take legal action: