CORAM

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PARTIES

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NIGERIAN AGIP OIL COMPANY LTD

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Francis Deo

 

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AREA(S) OF LAW

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Not Available

 

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SUMMARY OF FACTS

The Applicants/Plaintiff at the lower Court had filed an application under the provisions of the 1999 Constitution (as amended) praying for enforcement of their Constitutional rights under the Fundamental Rights (Enforcement Procedure) Rules, 2009 against the Defendants/Appellant wherein they sought some declaratory reliefs among which was a declaration that the arbitrary killing of members of the Applicants’ family/community on the 13th day of November, 1999 to wit: (i) Late Mr. Billy Act, (ii) Late Mr. Maxwell Roland, (iii) Late Mr. Telayun Joseph, (iv) Late Miss Angel Jasper Godbless, (v) Late Miss Tariere Principal, (vi) Late Erideiaye Ayibatonye, (vii) Late Mr. Emmanuel Clement and (vii) Late Mr. Ayibamiedei Joseph as a result of attacks instigated and supported by the Respondent is wrongful, illegal, unlawful, unconstitutional, null and void as it is a gross violation of fundamental right to life of the deceased as enshrined under Section 33 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 1983. They in addition sought Orders for payment for compensations of the sum of Two Billion Naira (N2, 000,000,000.00) to the Applicants respectively, being exemplary for the unlawful and wrongful invasion deprivation of human dignity, unlawful invasion of the privacy of the Applicants’ homes and community, post judgment interest until the Judgment sum awarded by this Honourable Court is fully paid and liquidated; amongst other reliefs. The lower Court held in favor of the Applicants/Plaintiff. Dissatisfied with the said decision, the Appellant has challenged same by filing a Notice of Appeal contending that the action commenced over 16 years from the date the cause of action accrued hence the action is statute barred.

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HELD

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Appeal Dismissed

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ISSUES

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Whether Respondents’ Application seeking to enforce the Fundamental Rights guaranteed by the Constitution of the Federal Republic of Nigeria vide the FREP Rules, 2009 can be limited by Section 16 of the Limitation Law of Bayelsa State, 2006 and/or by the Fundamental Right Enforcement Procedure Rules, 1979? Whether the Respondents acting as next of kin and/or on behalf of the 9 persons unlawfully killed and/or those whose properties were unlawfully destroyed by the Appellant’s agents, can institute this action in a representative capacity? Whether the trial Court rightly evaluated the evidence and held the Appellant liable and awarded appropriate damages for the unprovoked attacks of 13th November, 1999 and 26th July, 2000 which resulted in the unlawful and unconstitutional killings of 9 persons and destruction of several properties belonging to the Respondents?

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RATIONES DECIDENDI

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RULE OF INTERPRETATION OF STATUTES – RULE OF INTERPRETATION OF THE PROVISIONS OF THE FUNDAMENTAL HUMAN RIGHTS’ ENFORCEMENT RULES, 2009

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“I have determined this appeal strictly based on the express provisions of the Fundamental Human Rights’ Enforcement Rules, 2009. The provisions of the Rules are very clear and there is no need looking elsewhere in interpreting its ambit and the extent of its application. The natural and ordinary meaning of the Rules must be given to it. See Basinco Motors Ltd vs. Woermann-Line & Anor (2009) 13 NWLR (pt. 157) p. 149”.

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CAUSE OF ACTION – WHETHER THE FUNDAMENTAL HUMAN RIGHTS ENFORCEMENT RULES WILL BE APPLICABLE IN A CAUSE OF ACTION WHICH OCCURRED BEFORE THE COMMENCEMENT OF THE RULES

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“If an action under the 2009 Rules is not statute-barred even though the cause of action occurred before the commencement of the Rules then by the virtue of the unique provisions of the Rules, see ORDER 3 RULE 1 of the said RULES and ORDER 15 of the Fundamental Human Rights Enforcement Rules of 2009, the date the cause of action occurred is immaterial provided it is after the commencement of the 1999 Constitution as amended. –

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CASES CITED

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Not Available

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STATUTES REFERRED TO

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African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 1983|Bayelsa State High Court Civil Procedure Rules, 2010|Constitution of the Federal Republic of Nigeria, 1999 (as amended)|Evidence Act, 2011|Fundamental Right (Enforcement Procedure) Rules, 1979|Fundamental Rights (Enforcement Procedure) Rules, 2009.|Imo State University Edict No. 21 of 1985|Interpretation Act, Cap 123, Laws of the Federation of Nigeria, 2004|Limitation Law of Bayelsa State, Cap L8 of 2006|

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CLICK HERE TO READ FULL JUDGMENT

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