| Abstract: | Section 46(2) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN
1999) empowers the Chief Justice of Nigeria (CJN) to make rules regulating the
enforcement of human rights. In 2009, pursuant to the foregoing powers, the CJN
made the Fundamental Rights (Enforcement Procedure) Rules (FREP Rules
2009). Item 3(e) of the FREP Rules 2009 conferred locus standi (LS) on persons
other than those specified under section 46(1) of CFRN 1999 to institute
fundamental rights enforcement suits. The issues arising are: Is locus standi a
substantive or procedural matter? Whether or not by section 46(1), (3) and (4) of
the CFRN 1999, the CJN has the vires to make rules on locus standi; what is the
status of the FREP Rules 2009 vis-à-vis the Constitution? Through comparative
methods, it is argued that locus standi is a substantive matter; hence, the CJN lacks
the vires to make rules on it. The comparative experience in Kenya and South
Africa is examined to draw lessons in promoting access to justice which is one of
the sustainable development goals (SDGs). Since Item 3(e) of the FREP Rules is
ultra vires, its nullification and amendment of section 46(1) of CFRN 1999 are |
