PIL opportunity
“What is the other side’s argument?” The only thing is that I haven’t found any examples of this being done so far. That argument doesn’t appeal to me at all. You’ll never get anywhere unless you never do something you’ve never done before. The law will stand still while the rest of the world continues. That’s bad for both parties. ” Lord Denning, Parker v. Parker (1954) ALL ER p.22.
“Lawyers live for the direction of the people and the advancement of the cause of the nation.” Alexander Christopher Sapara Williams, Nigeria’s first indigenous lawyer, was called to the British court on November 17, 1879. Ta.
A few years ago, many people in this country woke up and read news headlines like “Ghani sues IBB over first lady position” and “Ghani asks court to declare appointment illegal”. be. In most cases, presidents will think twice before making decisions. Keep in mind that Ghani will quickly challenge any impunity or illegal activity. Currently, the Fundamental Rights (Enforcement Procedures) Regulations have opened the horizon for PIL initiatives for the development and enforcement of fundamental rights. Practitioners take their actions to the next level of enforcement by flooding courts with cases that give a positive interpretation to the Constitution in relation to PILs. For example, the Federal Government is pursuing a policy of tolling the Lagos-Ibadan Expressway, which took a very long time to complete and led to loss of life and property. Courts should decide the legality of such ambitious tax measures, determined by those who were voted into power to improve the lives of the people. The power crisis is almost out of control, with no real excuses to justify huge investments in the sector and epileptic power supplies. If the reason for establishing a band is to prosper the economy of the power sector stakeholders, then they must also be responsible for providing stable power supply to all customers so designated. It won’t. If for any reason the disco is unable to fulfill its promise, it has no right to take away the customer’s money. In all major cities across the country, courts should interpret their actions and grant relief to deficient customers.
Armed with tremendous breakthroughs in judicial activism leveraging the legal system, PILs offer numerous opportunities, some of which are:
Creation of legal precedents and advancement of jurisprudence and legal system:
PILs provide an anvil on which laws can be tested and approved or struck down through judicial decisions. Rather than leaving academic law or a dysfunctional legal foundation on the treadmill, PIL provides a powerful and attractive engine of opportunity to break new ground in law and practice. , leading to the overall enlightenment of our law collection. It can lead to landmark decisions that establish precedent and shape the legal landscape. We have a duty to our people to intervene in times of crisis in the face of offensive and offensive policies that oppress them. We must continue to introduce laws for social engineering.
Promoting social justice Supporting marginalized groups:
PIL enables individuals and organizations to advocate for the rights of marginalized communities and promote social justice. Some of the public-spirited freedom fighters and constitutional scholars mentioned earlier, along with NGOs such as the Socio-Economic Rights and Accountability Project (SERAP) and the Nigeria Information Technology Promotion and Budget Foundation, have taken up this point ( BUDGIT) etc. will work. PIL provides a voice for marginalized groups, including women, children, minorities, and indigenous peoples. The difference here is that corporatizing these organizations helps prevent constant harassment and intimidation of prominent individual activists and PIL practitioners by governments and other state actors responsible for violating people’s rights. It means it’s helpful.
Challenging unjust laws and policies:
PILs provide an avenue for individuals and organizations to challenge laws and policies that violate the constitution or violate human rights. Recently, SERAP and BUDGIT sued the Central Bank of Nigeria alleging that the implementation guidance on collection and remittance of national security tax dated May 6, 2024 under Section 44(2) of the Cybercrime Act is unconstitutional and draconian. Regarding Nigerians, given the pervasive economic hardships that people are already experiencing. Shortly after the case was filed in court, the government announced a reversal of its repressive policies.
Raising awareness:
PILs can create a groundswell that draws significant attention to important social and political issues, raises public awareness, and sparks debate about issues of regional or national importance. In this regard, PILs become an effective tool to raise awareness about all illegal and other objectionable acts of the government. Media outlets are generally very cautious when publishing stories that fall under the purview of PILs, whether for fear of defamation lawsuits, regulatory crackdowns, or self-imposed cowardice. When such facts are collated to make a case in court, media companies tend to be friendlier and publish stories as submitted. In such cases, information released to the court under oath is more reliable and important. These are also considered official documents, and the public has the right to know their contents. Such publications are subject to Article 22 of the constitution, which commands the media to hold the government accountable to the public.
Encouraging policy reform:
PILs act as catalysts to initiate changes in laws, policies, and practices and promote institutional reform. Case law can also influence the law, especially in matters dealing with the rights and obligations of citizens. This is how developed countries have evolved by using PILs to test the waters and promote positive change. There are many negative factors in this field that can inhibit PIL activities, such as cultural biases, religious leanings, and political affiliations, all of which, in some cases, can act to preclude a strong PIL regime. I have always maintained that PIL activists must be non-aligned in order to give room for free and untainted practice.
Strengthening the rule of law:
PIL strengthens the rule of law and ensures that the legal system is accessible and effective in protecting rights. The intervention of PILs has allowed individual litigants to save scarce resources in hiring private lawyers to prosecute or defend the same subject matter addressed through PILs. A good example is NBA-SPIDEL’s intervention to ban illegal fines imposed on motorists by the Federal Traffic Safety Corps and other state agencies. The challenge before us all is to explore the frontiers of PIL and build momentum for intervention. We should not allow oppressive policies, laws, and actions to flourish in our country while we have a golden opportunity to challenge them in court.
Strengthening accountability:
PILs can be a powerful tool for holding governments, institutions, and individuals accountable for their actions and promoting transparency, accountability, and integrity. A strong, active and vibrant PIL regime strongly curbs all forms of impunity, illegality and arbitrariness. To this end, PILs are more like investments, whose dividends may not be immediate, given the complacency of those in power. Continue to sow PIL seeds that will germinate and bear fruit in the near future.
Conclusion:
For all its implications, PIL is a powerful and genuine tool for driving social change and reform. As we have seen, the power that courts have given to the people through judicial action has been extremely helpful in solving many legal problems. Anyone who believes that injustice is perpetrating society as a whole can approach the courts for judicial redress. We should not worry too much about the outcome of such efforts, but rather focus on the fact that where there is a right, there is always a remedy. PIL aims to transform society and pave the way for eliminating various social injustices such as sexual harassment, environmental pollution, financial fraud, and other issues. We hope that our contribution to this discourse will spark insights into several issues. An interesting way to apply legal skills through strategic litigation in any chosen field, including reproductive justice systems. The ball is now in the court of all PIL activists to step up their game and become the conscience of the nation. There is no better time than now to stand up to protect our people and our land from totalitarian tendencies and oppressive policies and programs that seek to take the lives of the masses, the weak, the poor, the downtrodden, and all the underprivileged. There is no time. Means of securing relief. Thank you everyone.
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