Menu

Remedies for the breach of the right to political participation

1

What Available Remedies Could I Get?

At this stage, it is important to note that any citizen whose political rights have been abused and has approached the court need to know exactly what he wants as the ‘the fruit of his labour’ while taking legal action to address the abuse of his rights.

Where you succeed in making your claim as brought before the court, these are the remedies available to you:

Administrative remedies

In some instances, certain steps must have been taken and completed before a court of law is competent to entertain and settle a claim. For instance, you may get decision from a body, agency, or institution responsible for the abuse of rights done to you. There are few occasions where a private institution is reported to have abused peoples’ political rights.

Injunction

This is simply a process which consists of preventive and protective remedy, aiming to put an end to continued abuses. By so doing, the court could order a restoration of your rights that have been abused.

 For example, on this point is the recent case Of People’s Democratic Party (Pdp) And 2 Others V Biobarakuma Degi- Eremienyo (Apc Governorship Deputy Candidate For Bayelsa State And 3 Others Suit No. SC.1/2020. In this case, the People Democratic Party and others challenged the outcome of the Governorship election on the ground that Mr. ‘Biobarakuma Degi-Eremienyo who emerged as Deputy Governor – elect presented false information and that he was disqualified from contesting in the same manner thus affecting the Governorship Candidate. Upon the evidence adduced before the court, the Supreme Court agreed with the petitioner’s arguments and thus cancelled the emergence of APC’s candidates and ordered the Independent National Electoral Commission to declare as winner the candidate with the highest number of lawful votes (being the candidate of P.D.P).

Damages:

This has to do with certain sum of money (in form of compensation) which a person whose rights have been abused is entitled to be given as a result of wrongs done to him by the abuser (also called defendant or respondent). Note importantly that this compensation would be given to you by the court if it is necessary after the conclusion of the whole settlement of the claim.

For instance, in the case of Ms. Warmate V. Senator Elisha Abbo Suit No. FHC: CV/2393/2019 where Justice Samirah Bature of the High Court of the Federal Capital Territory (FCT) held to the effect that there are enough evidence that show that Senator Elisha Abbo who is representing Adamawa North Senatorial District, was wrong to have assaulted Ms. Osimibibra Warmate. Therefore, the court ordered him to pay the sum of N50 million to Ms. Osimibibra Warmate as compensation for doing such to her.

 

Who are we?

Action4Justice is a group of NGO's united to support public interest litigation worldwide as a means to advance social justice.

Learn more
Our members
  • Oxfam
  • PILAC
  • Greenpeace
  • Transparency International
  • IHRDA
  • NULAI
  • Forest People’s Programme
Support Us

We seek partnerships with organizations and communities worldwide who support our goals. Join our network, or volunteer.

Learn more