Human rights advocate, Mr Femi Falana (SAN), has condemned what he described as “the renewed attack on public interest litigation by judges” in the form of imposing exorbitant fines on concerned citizens whose cases were struck on the grounds of lack of locus standi.

Falana, in a statement on Sunday, said the imposition of fines ranging from N5m to N10m on such litigants could not be justified under the Constitution and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

The statement read in part, “In recent time, some High Court judges have been reported to have imposed fines ranging from N5m to N10 m on concerned citizens whose cases were struck out for want of locus standi.

 “With respect, the renewed attack on public interest litigation by judges cannot be justified under the Constitution and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act. Specifically, the Fundamental Rights (Enforcement Procedure) Rules 2009 have enjoined judges to encourage public interest litigation in promoting the human rights of Nigerian people.

 “Ex abundanti cautela, the doctrine of locus standi has been abolished in the area of human rights by Order III of the Fundamental Rights Enforcement Procedure Rules 2009. Since access to court has been guaranteed by Sections 6 and 36 of the 1999 Constitution and article 7 of the African Charter on Hunan and Peoples Rights Act it is illegal and unconstitutional to impose fines on aggrieved citizens who approach the courts to challenge the illegal official policies or unconstitutional legislations under the current democratic dispensation.”

Reminding judges of Supreme Court’s decision, Falana said judges should desist from striking out or dismissing cases challenging impunity of public officers in Nigeria.

 He said, “We  are therefore compelled to draw the attention of our judges to the case of Fawehinmi v Akilu (1997) NWLR (Pt 65) 979 wherein the Supreme Court overruled the  case of Abraham Adesanya v The President (1981) ANLR 1.

“Since the anachronistic doctrine has been set aside to pave the way for public interest litigation, our judges should desist from striking out or dismissing cases which are filed to challenge impunity of public officers in Nigeria.”

 He said by law, no judge had the power to order a litigant to pay costs “outside the ambit of the rules of the respective high courts.”

He also queried why fines were imposed on litigants or lawyers without being given fair hearing by judges.

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