Access to Justice and Fair Hearing: An Evaluation of Pre-Action Notice in Nigerian Jurisprudence

What is it about?

Claimants need to comply with certain requirements before instituting actions against defendants. Under Nigerian law, pre-action notices are required before some statutory corporations can be sued. This article examines constitutional requirements with respect to fair hearing and whether pre-action notices are justified under the law and in practice. The main conclusion is that pre-action notices, in their current forms, impede access to justice not only in contractual claims but also for litigants generally.

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Why is it important?

This article interrogates the implicit assumption that pre-action notices are justifiable because they are contained in statutory law. The underlying argument is that all laws are subject to the Constitution: access to the courts is a fundamental right.