How to Draft a Fundamental Rights Affidavit in Court - Find The Best Lawyer/Law firm to hire

Navigating the Labyrinth of Justice: A Comprehensive Guide to Understanding Fundamental Rights Affidavits in Nigerian Courts

In the vast landscape of legal redress, few avenues are as crucial and potent as the enforcement of fundamental human rights. These are the inalienable entitlements that define our very humanity, guaranteed by the Constitution and designed to protect individuals from arbitrary state or governmental power. When these sacrosanct rights are trampled upon, the Nigerian legal system provides a robust framework for seeking justice, primarily through the Fundamental Rights (Enforcement Procedure) Rules, 2009. At the heart of this procedure lies a critical document: the Fundamental Rights Affidavit.

This comprehensive guide delves deep into the intricacies of understanding and appreciating the role of a fundamental rights affidavit within the Nigerian judicial system. While it provides extensive insights into the theoretical and practical considerations, it is imperative to reiterate that this information is for educational purposes only and does not constitute legal advice. The drafting and filing of any legal document, especially one as sensitive as a fundamental rights affidavit, must be undertaken with the guidance of a qualified legal practitioner. The nuances of law, the specifics of your case, and the ever-evolving judicial interpretations necessitate expert intervention to ensure your rights are adequately protected and your claim effectively prosecuted.

The Bedrock of Liberty: Understanding Fundamental Human Rights in Nigeria

Before embarking on the mechanics of an affidavit, it’s vital to grasp the essence of fundamental human rights in Nigeria. These rights are enshrined primarily in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended). They represent a non-exhaustive list of civil and political rights, carefully crafted to safeguard the dignity and liberty of every Nigerian citizen and even non-citizens within its borders.

Key Fundamental Rights in Nigeria (Sections 33-46 of the 1999 Constitution):

Section 33: Right to Life: This is the most fundamental right, prohibiting arbitrary deprivation of life, save in execution of a court sentence for a criminal offence.
Section 34: Right to Dignity of Human Persons: This section protects individuals from torture, inhuman or degrading treatment, slavery, servitude, and forced labour.
Section 35: Right to Personal Liberty: Guarantees freedom from arbitrary arrest and detention, with specific provisions for prompt arraignment before a court, right to silence, and compensation for unlawful detention.
Section 36: Right to Fair Hearing: A cornerstone of justice, ensuring everyone is entitled to a fair hearing within a reasonable time by a court or tribunal. This includes the presumption of innocence, right to legal representation, and the right to examine witnesses.
Section 37: Right to Private and Family Life: Protects the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications.
Section 38: Right to Freedom of Thought, Conscience, and Religion: Guarantees the freedom to hold beliefs and to manifest them in worship, teaching, practice, and observance.
Section 39: Right to Freedom of Expression and the Press: Upholds the right to hold opinions and to receive and impart ideas and information without interference.
Section 40: Right to Peaceful Assembly and Association: Allows individuals to assemble freely and associate with others, including forming or belonging to political parties, trade unions, or other associations.
Section 41: Right to Freedom of Movement: Guarantees the right to move freely throughout Nigeria and to reside in any part thereof, as well as the right to leave and return to Nigeria.
Section 42: Right to Freedom from Discrimination: Prohibits discrimination based on place of origin, sex, religion, status, ethnic or linguistic association, or any other ground.
Section 43: Right to Acquire and Own Immovable Property: Guarantees every citizen the right to acquire and own immovable property anywhere in Nigeria.
Section 44: Compulsory Acquisition of Property: Provides conditions under which property can be compulsorily acquired, ensuring prompt payment of compensation.
Section 45: Restriction on and Derogation from Fundamental Rights: Outlines the circumstances under which certain rights can be restricted or derogated from, typically during states of emergency or for public safety.
Section 46: Special Jurisdiction of High Court and Legal Aid: Crucially, this section grants the High Court of a State the jurisdiction to hear applications for the enforcement of fundamental rights and to make orders, issue writs, and give directions as it may consider appropriate. It also makes provisions for legal aid.

These rights are not mere declarations; they are legally enforceable, and any individual who alleges that their rights have been, are being, or are likely to be contravened, can seek redress.

The Fundamental Rights (Enforcement Procedure) Rules, 2009: Your Gateway to Justice

While Section 46 of the Constitution grants jurisdiction to the High Courts, the procedural framework for enforcing these rights is primarily laid out in the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREP Rules). These rules simplify the process, making it more accessible and effective than ordinary civil litigation. The FREP Rules emphasize speed and substance over technicalities, aiming to provide swift justice in fundamental rights matters.

Key Features of the FREP Rules:

Originating Application/Summons: Fundamental rights cases are typically commenced by an Originating Application or Originating Summons, which is supported by an affidavit. This is a quicker process than a traditional writ of summons.
Emphasis on Affidavit Evidence: The rules place significant reliance on affidavit evidence. While oral evidence can be permitted, the initial case is largely built on the facts presented in the supporting affidavit.
Speedy Hearing: The rules are designed for expeditious determination of fundamental rights cases.
Broad Locus Standi: The rules allow not just individuals whose rights are directly violated, but also those acting on behalf of others, in the public interest, or as members of a group or class, to institute an action.
Wide Powers of the Court: The High Court has extensive powers to grant various reliefs, including declarations, injunctions, damages, and orders for release or apology.

The Cornerstone Document: The Fundamental Rights Affidavit

An affidavit is a sworn statement of facts made voluntarily by a deponent (the person making the statement) before a person authorized to administer oaths, such as a Commissioner for Oaths or a Notary Public. In the context of fundamental rights enforcement, the affidavit is the factual bedrock of your case. It is the narrative that presents your claim, provides the evidence, and persuades the court of the alleged violation.

Why is the Affidavit so Crucial?

Factual Basis: It lays out the complete story of the alleged rights violation in a clear, coherent, and chronological manner.
Evidence: It serves as the primary means of presenting evidence to the court, attaching supporting documents as exhibits.
Credibility: As a sworn statement, it carries legal weight. Any false statement can lead to charges of perjury.
Foundation for Argument: It provides the foundation upon which your legal counsel will build their arguments and seek specific reliefs from the court.

Anatomy of a Fundamental Rights Affidavit: A Detailed Breakdown

While specific formats may vary slightly between High Courts in different states, the core components of a fundamental rights affidavit remain largely consistent, guided by the Evidence Act, 2011, and the FREP Rules, 2009.

1. Heading and Title:

Name of the Court: Clearly state the name of the High Court where the application is being filed (e.g., “IN THE HIGH COURT OF LAGOS STATE,” “IN THE HIGH COURT OF JUSTICE OF OYO STATE”).
Judicial Division: Specify the relevant judicial division (e.g., “IN THE IKEJA JUDICIAL DIVISION,” “HOLDEN AT IBADAN”).
Suit Number: This will be filled in by the court registry upon filing (e.g., “SUIT NO: FHC/L/CS/_/2025″ for Federal High Court, or “ID//M/2025″ for a State High Court).
Parties: Clearly identify the Applicant(s) (the person(s) seeking to enforce their rights) and the Respondent(s) (the person(s) or entity alleged to have violated the rights).
- Example:
  IN THE HIGH COURT OF LAGOS STATE
  
  IN THE IKEJA JUDICIAL DIVISION
  
  HOLDEN AT IKEJA
  
  SUIT NO: ID/_______/2025
  
  BETWEEN:
  
  MR. CHIDI OKORO – APPLICANT
  
  AND
  
  THE NIGERIA POLICE FORCE
  
  (ANAMBRA STATE COMMAND) – 1ST RESPONDENT
  
  INSPECTOR AHMED MUSA – 2ND RESPONDENT
Title of Document: Boldly state “AFFIDAVIT IN SUPPORT OF ORIGINATING APPLICATION FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS.”

2. Deponent’s Introductory Statement:

This is the opening paragraph and typically not numbered. It identifies the deponent and establishes their capacity to depose to the facts.

Essential elements: Full name, gender, nationality, occupation, residential address, and a statement that the deponent has personal knowledge of the facts, or that certain facts are based on information and belief (with sources disclosed).
Example:
“I, CHIDI OKORO, Male, Nigerian Citizen, Businessman, of No. 15, Adewale Street, Ikeja, Lagos State, do hereby make oath and state as follows:”

3. Numbered Paragraphs of Facts (The Body of the Affidavit):

This is the most critical section. Each paragraph should contain a distinct fact or set of closely related facts. The facts must be presented chronologically, clearly, and concisely.

Chronological Narrative: Present the events in the order they occurred. This makes the affidavit easy to follow and understand.
Specifics and Details: Avoid vague statements. Include specific dates, times, locations, names of individuals involved, and descriptions of actions or inactions.
Personal Knowledge vs. Information and Belief:
- Facts within the deponent’s personal knowledge are stated directly (e.g., “On 1st June 2025, I was arrested by the 1st Respondent…”).
- Facts based on information from others or belief must be clearly stated as such, and the source of the information disclosed (e.g., “I was informed by Mr. Emeka Obi on 2nd June 2025, at the Police Station, which information I verily believe to be true, that the 2nd Respondent gave orders for my detention.”). Failure to state the source for facts not within personal knowledge can render those paragraphs inadmissible.
Relevance: Every fact deposed to must be relevant to the alleged fundamental rights violation. Irrelevant information can weaken the affidavit.
Specific Allegations of Rights Violation: Dedicate paragraphs to explicitly state which fundamental rights (referencing the specific sections of the 1999 Constitution) were violated by the actions described.
Harm Suffered: Detail the consequences of the violation, including any physical, emotional, psychological, or financial harm suffered. This forms the basis for claims for damages.
No Legal Arguments: An affidavit is a statement of facts, not legal arguments. Reserve legal arguments for the accompanying Written Address.
Exhibits: Whenever reference is made to a document, it must be attached as an exhibit.
- Proper Referencing: Each exhibit should be clearly identified (e.g., “A true copy of the letter dated 1st May 2025 is attached hereto and marked as Exhibit ‘A’.”).
- Numbering/Lettering: Exhibits are usually lettered alphabetically (A, B, C…) or numerically (1, 2, 3…) sequentially.
- Certification: Public documents attached as exhibits may need to be certified true copies.

Example of Body Paragraphs (Illustrative, not exhaustive):

“1. That I am the Applicant in this suit and by virtue of my position, I am conversant with the facts deposed to herein.”
“2. That I am a law-abiding citizen of Nigeria and a businessman engaged in the import and export of textiles.”
“3. That on the 1st day of June, 2025, at about 10:00 AM, while I was at my shop located at Balogun Market, Lagos, the 2nd Respondent, accompanied by three (3) other officers of the 1st Respondent, who were in uniform, accosted me.”
“4. That the 2nd Respondent, without any warrant of arrest or prior invitation, informed me that I was under arrest and ordered me to follow them.”
“5. That when I enquired about the reason for my arrest, the 2nd Respondent merely stated that it was ‘orders from above’ and proceeded to forcefully push me into a waiting police vehicle.”
“6. That a true copy of a photographic evidence showing the moment of my arrest is attached hereto and marked as Exhibit ‘A’.”
“7. That I was then taken to the Panti State Criminal Investigation Department (SCID) and detained in a cell.”
“8. That despite my repeated requests, I was not informed of the charges against me nor allowed access to my legal practitioner or family members.”
“9. That I was held in detention for five (5) days without being charged to court, contrary to the provisions of Section 35(4) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which stipulate that an arrested person must be brought before a court within 24 or 48 hours depending on the proximity of a court of competent jurisdiction.”
“10. That during my detention, I was subjected to verbal abuse and threatened with physical harm by the 2nd Respondent, which violated my right to dignity of human person as guaranteed by Section 34 of the 1999 Constitution.”
“11. That I was only released on the 6th day of June, 2025, after my family paid the sum of N500,000.00 (Five Hundred Thousand Naira) to the 2nd Respondent, which sum was extorted from them.”
“12. That a true copy of the receipt of the payment is attached hereto and marked as Exhibit ‘B’.”
“13. That as a result of the unlawful arrest and detention, I suffered severe emotional distress, loss of business, and reputational damage.”
“14. That the actions of the Respondents constitute a gross violation of my fundamental rights to personal liberty (Section 35), dignity of human person (Section 34), and fair hearing (Section 36) of the 1999 Constitution (as amended).”

4. Prayer/Relief Sought (Usually in the Originating Application/Summons, but often briefly reiterated for clarity):

While the full reliefs are outlined in the Originating Application, the affidavit should conclude by stating the deponent’s belief that justice demands the granting of the reliefs sought.

Example:
“15. That I make this affidavit in good faith, in support of my application for the enforcement of my fundamental human rights.”

“16. That it is in the interest of justice that this Honourable Court grants the reliefs sought in the Originating Application.”

5. Deponent’s Signature:

The deponent must personally sign the affidavit at the bottom right corner.

Example:
“………………………….”

“DEPONENT”

6. Jurat (Commissioning Clause):

This is the attestation by the Commissioner for Oaths or Notary Public, confirming that the deponent swore to the affidavit before them.

Essential Elements: Place where sworn, date sworn, and signature and stamp of the Commissioner for Oaths/Notary Public.
Example:
“SWORN TO AT THE HIGH COURT REGISTRY, IKEJA,”

“LAGOS STATE.”

“THIS ______ DAY OF __________, 2025.”

“BEFORE ME,”

“……………………………………..”

“COMMISSIONER FOR OATHS/NOTARY PUBLIC”
Special Jurat for Illiterates/Blind Persons: If the deponent is illiterate or blind, a special jurat must be included to confirm that the contents were read and explained to them in a language they understand, and that they appeared to understand and made their mark/signature in the presence of the Commissioner. This is critical for the validity of the affidavit.

Essential Principles and Considerations in Drafting

1. Veracity and Truthfulness:

This is paramount. Every statement in an affidavit must be true and accurate to the best of the deponent’s knowledge. Making false statements under oath is perjury, a serious criminal offence with severe penalties. The deponent must understand the solemnity of the oath.

2. Clarity, Conciseness, and Precision:

The affidavit should be written in clear, unambiguous language. Avoid convoluted sentences, legal jargon where simpler terms suffice, and unnecessary repetition. Be precise with facts, dates, and names. The court needs to understand your story without confusion.

3. Objectivity and Factuality:

While the affidavit represents the deponent’s perspective, it should stick to facts rather than emotional appeals or personal opinions. Focus on what happened, when, where, and who was involved. Opinions and conclusions are for legal arguments.

4. Admissibility of Evidence:

Ensure that the facts deposed to and the documents attached as exhibits are admissible in court. Hearsay evidence (facts not directly known by the deponent but heard from others, without stating the source) is generally inadmissible, although the Evidence Act allows for exceptions if the source is clearly stated and believed to be true.

5. Proper Referencing of Law:

While the affidavit primarily presents facts, it is crucial to clearly link the factual narrative to the specific fundamental rights violated, referencing the relevant sections of the 1999 Constitution.

6. Importance of Exhibits:

Documents are powerful. Any document that supports your claims – police reports, medical reports, photographs, videos, correspondences, bank statements (for extorted funds), identity documents, etc. – should be attached as exhibits. Ensure they are legible and properly referenced in the body of the affidavit.

7. Avoiding Contradictions:

Consistency is key. Ensure there are no contradictions within the affidavit itself, or between the affidavit and any other documents filed in the case. Contradictions can severely undermine the deponent’s credibility.

8. Thorough Proofreading:

Carefully proofread the entire document for typographical errors, grammatical mistakes, and factual inaccuracies. A poorly prepared affidavit can reflect negatively on the case.

9. Jurisdiction:

Ensure the application is filed in the correct High Court. While Section 46 gives High Courts jurisdiction, the specific High Court (State or Federal) may depend on the nature of the Respondent (e.g., Federal government agencies often fall under Federal High Court jurisdiction). Your lawyer will determine the proper court.

10. Service of Processes:

After filing, the originating application and the supporting affidavit must be properly served on all the Respondents. Proper service is fundamental to due process.

Common Pitfalls and “Blind Spots” to Avoid

Even with the best intentions, certain mistakes can weaken a fundamental rights affidavit or even lead to its dismissal.

Failure to Disclose Source of Information: As per the Evidence Act, any fact deposed to that is not within the deponent’s personal knowledge must state the source of that information. Failure to do so renders that averment defective and inadmissible.
Deposing to Hearsay Without Proper Attribution: Related to the above, simply repeating what someone else said without clearly identifying the informant and stating belief in the information is a fatal error.
Including Legal Arguments/Submissions: An affidavit is for facts. Legal arguments belong in the Written Address filed concurrently with the originating application. Deposing to legal arguments can be struck out by the court.
Vague or Ambiguous Statements: Lack of specificity about dates, times, places, and details of events makes the affidavit difficult for the court to rely on.
Irrelevant Facts: Including facts that have no direct bearing on the fundamental rights violation distracts the court and dilutes the strength of the core claim.
Failure to Attach Supporting Documents: Facts stated in the affidavit, especially those involving documents, are often best substantiated by attaching the documents as exhibits.
Improper Referencing of Exhibits: Not clearly identifying or numbering exhibits, or not referencing them correctly in the body of the affidavit, can cause confusion.
Emotional or Inflammatory Language: While the situation may be emotionally charged, the affidavit must maintain a formal and factual tone. Hyperbolic or accusatory language detracts from its legal effectiveness.
Attempting to Depose to Facts Not Personally Known Without Explaining: The deponent must have personal knowledge of the facts, or clearly state the source of information. Lawyers, for instance, typically depose to facts that are procedural or within their professional knowledge, not the intimate details of the client’s experience.
Non-compliance with Jurat Requirements: Especially for illiterate or blind deponents, strict compliance with the special jurat is mandatory. Failure to do so can invalidate the entire affidavit.
Lack of Conciseness and Repetition: Redundant information or lengthy, meandering sentences make the affidavit difficult to read and can bore the court.
Ancillary Claims Masking the Fundamental Rights Issue: The FREP Rules are specifically for fundamental rights enforcement. If the primary claim is a contractual dispute, land matter, or a regular tort that only incidentally touches on a fundamental right, the court may strike out the action for being improperly commenced under the FREP Rules. The fundamental right violation must be the main and substantial claim. For instance, a simple breach of contract is not usually a fundamental right issue, even if it leads to some inconvenience.
Improper Party: Ensuring you sue the correct Respondents is crucial. For instance, sometimes a private individual or company cannot be sued under the FREP Rules for certain violations; the action might need to be against a state actor or an agency. This requires careful legal analysis.

The Role of Legal Counsel: An Indispensable Partnership

Given the complexities and potential pitfalls, the assistance of a qualified legal practitioner is not merely advisable but almost indispensable when drafting and filing a fundamental rights affidavit.

A Lawyer’s Contributions:

Legal Expertise: A lawyer possesses the in-depth knowledge of constitutional law, the Evidence Act, the FREP Rules, and relevant case law necessary to frame your case effectively.
Fact Identification and Organization: They can help you identify the critical facts, organize them logically, and ensure all necessary details are included.
Identification of Violated Rights: They will accurately identify which specific fundamental rights, under which constitutional sections, have been violated.
Evidence Collection and Management: Lawyers guide you on what evidence is relevant, how to obtain it, and how to properly present it as exhibits.
Drafting Precision: They ensure the affidavit meets all legal requirements, is free from technical defects, and is persuasive.
Strategic Planning: A lawyer can advise on the best legal strategy, anticipate counter-arguments, and prepare for potential challenges.
Court Representation: Beyond the affidavit, your lawyer will represent you in court, present arguments, cross-examine witnesses, and guide you through the entire judicial process.
Relief Sought: They will accurately articulate the specific reliefs you are entitled to and seek from the court.

Case Law as a Guiding Light (Illustrative, not exhaustive):

Nigerian courts have consistently upheld fundamental rights and provided guidance on the enforcement procedure. Key cases demonstrate the principles discussed:

F.R.N. v. Registered Trustees of African Independent Television (AIT) (2018): This case reinforces the courts’ commitment to protecting freedom of expression and the press, often involving affidavits detailing alleged media harassment or censorship.
Dokubo-Asari v. F.R.N. (2007): While dealing with bail, this Supreme Court case reiterates the importance of the right to personal liberty and the need for prompt arraignment. Affidavits in such cases would detail the circumstances of arrest and detention.
Registered Trustees of National Association of Catholic Lawyers v. Attorney General of the Federation (2017): This case highlights the broad locus standi under the FREP Rules, allowing public interest litigation to enforce fundamental rights. Affidavits in such cases would typically come from an authorized representative of the association, detailing the public interest issues.
Chukwu v. Federal Republic of Nigeria (2020): This case can be cited to show instances where the court awards substantial damages for violations of fundamental rights. The affidavit must clearly articulate the losses and suffering incurred.
Fidelity Bank PLC v. James Olanrewaju & Ors (2019): This case from the Court of Appeal clarifies the types of affidavits filed in fundamental rights proceedings (supporting affidavit, counter affidavit) and the reliance on affidavit depositions and written addresses. It also speaks to the principle that where there are conflicts in affidavits, oral evidence may be called to resolve them.
Okocha v. INEC (2014): Emphasizes that fundamental rights claims must be the main issue, not ancillary to other claims. If a case is primarily a political dispute dressed up as a fundamental rights issue, it may be struck out.

These cases, among many others, demonstrate the judiciary’s active role in safeguarding Chapter IV rights and underscore the importance of a meticulously drafted affidavit in presenting a winning case.

Conclusion: Empowerment Through Knowledge, Action Through Legal Counsel

The ability to enforce fundamental human rights is a cornerstone of a just and democratic society. In Nigeria, the Fundamental Rights (Enforcement Procedure) Rules, 2009, provide a streamlined and effective mechanism for citizens to seek redress when these rights are infringed upon. At the heart of this mechanism lies the fundamental rights affidavit – a powerful document that narrates the facts, presents the evidence, and forms the basis of your quest for justice.

While this guide has provided an exhaustive overview of how to understand the structure, content, and critical considerations for such an affidavit, it bears repeating: the actual drafting and prosecution of a fundamental rights enforcement action demand the expertise of a qualified legal professional. The intricacies of legal drafting, the specific procedural requirements of Nigerian courts, and the need for strategic legal arguments necessitate the guidance of a lawyer.

By understanding the principles outlined herein, you empower yourself with knowledge. By engaging legal counsel, you take decisive action towards securing your fundamental rights and ensuring that the pillars of justice stand firm. Do not hesitate to seek professional legal advice if you believe your fundamental rights have been violated. Your rights are sacrosanct, and the law provides the means to protect them.

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