Police Enforcement And The Civil Rights - amazonia.fiocruz.br

Police Enforcement And The Civil Rights Video

The pronouncement of the Court in the judgment came at a time the nation has just Police Enforcement And The Civil Rights confronted with protest across the country wherein Nigerian youth trooped out en masse to protest against police brutality and other human rights abuses. The Judgment is therefore a victory to the nation in the fight against police brutality and abuse of powers as resonated in the words of the court. Notwithstanding the fact that pronouncements of this nature seek to compensate victims of human rights violations, the sad and avoidable reality is that successful litigants are overburdened with the onerous task of enforcing these pronouncements. One would have thought that a system that Enforecment the legal framework for enforcement of fundamental rights would guarantee that fundamental rights are not only protected and compensation awarded; but also ensure that the payment of the compensation so awarded without the Ans of imposing additional burden of seeking the consent of any administrative body.

It is against this background that the provisions of section 84 of the Sheriff and Civil Processes Actwhich made the consent of the Attorney General of the Federation or State as the case maybe a condition precedent condemnable to say the least. The implication of this provision is that no monetary judgement can be enforced against any public institution without the consent of the Federal or State Attorney General.

Given the fact that the larger percentage of victims of human right violations and abuse are poor, it is almost impossible for Civjl class of people to obtain the requisite consent.

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This thus defeats the purpose for which courts award damages against erring parties, especially in relation to its punitive nature which serves as a deterrent to government agencies. Furthermore, it violates the International Police Enforcement And The Civil Rights on Click and Political Rights which under Article 2 3 calls on member states to ensure that victims of human rights abuse have an enforceable and effective remedy determined by a competent court.

In fact, article 19 of the United Nations Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power imposed a duty on states to incorporate into the national law norms proscribing abuses of power and providing remedies to victims of such abuses.

Rather abiding by these basic principles of justice, the Nigerian government is busy creating impediments for victims who are merely trying to reap the fruit of their labour. The inauguration of Panels of Inquiry across the country as an off shoot of the ENDSARS protest have availed victims of police brutality an avenue to seek relief from their ordeals.

While this is https://amazonia.fiocruz.br/scdp/essay/writing-practice-test-online/transcendentalism-an-american-philosophy.php, the possibility of enforcing judgement obtained in court or any recommendation made in related cases seeking enforcement by the panel of inquiry, has been reduced to nought by the daunting realities facing the Nigerian Legal System, hence the need for sound engagement and conversation about the enforcement of judgement in Nigeria against government agencies.

It includes the enforcement of such judgements, which is the last stage of every judicial process. Thus, every judgement creditor, that is a Police Enforcement And The Civil Rights in whose favour judgement was entered, is entitled to the accruing benefits of the judgement obtained and same must be enforced in compliance with the provisions of the law. This is a corollary to the duty of the court, as expressed in a plethora of authorities, to enforce its orders, decisions and judgements as well as ensuring the speedy resolution of disputes.

In effect, the court officials saddled with the responsibility of discharging this obligation include Source Registrars, who invariably are the Deputy Sheriffs, the Bailiffs and other relevant court personnel.

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As a matter of law, every judgement is effective from the Poliice of delivery or from such date as the judgment Police Enforcement And The Civil Rights appoints and same must be obeyed without question. A default on the part of the judgement debtor — the party against whom judgement was entered — in complying with the judgement of the court entitles the judgment creditor to commence Judgement Enforcement proceedings. The Sheriff and Civil Processes Act and Judgement Enforcement Rules make provisions for the modes of enforcing Police Enforcement And The Civil Rights to wit: writ of fi fa, writ of sequestration, writ of possession, garnishee proceedings, etc.

The Constitution also empowers the Court to enforce and ensure compliance with its order or judgement as provided in section 6 6 of the Constitution of the Federal Republic of Nigeria, as amended. Poljce these provisions of the law give the impression that the Court are ready to enforce its judgment with despatch, the reverse is the case in reality as section 84 of the Sheriff and Civil Processes has wrestled from the weak arm of the victims of fundamental right abuses and a host of other person who has obtained monetary judgment against the government or any of its agencies the right to enforce the said judgment through the callous introduction of the requirement of the consent of the Attorney General of the Federation or State as the case may be.

Nevertheless, as pleasant as the above provisions may appear, the process of enforcement of judgment in Nigeria is bedevilled with several impediments as evidenced in the rigorous processes and procedures; Enforcemsnt effect of which has the capacity of jeopardizing the hope of justice for many and equally occasioning the abuse of human rights across the country. There is a hurdle of administrative technicalities ranging from the mandatory need to seek the leave of court to enforce judgment against the government or any of its agencies. Thus, victims on many occasions find themselves at the mercy of the judge who is Police Enforcement And The Civil Rights under any legal compulsion to grant such leave.

Even when the leave is granted, issues of administrative lethargy results in victims suffering more at the hands of their oppressor.

With particular reference to judgment obtained against the government or any of its officials, the judgement creditor may need to further mobilize his lawyer to commence an action for garnishee proceeding even where there is no certainty that the Attorney General will consent Enforcementt the payment of the judgement sum.]