Benue State University, Makurdi

The Futility of Suing the Government in Nigeria: Charting The Future of Human Rights of Litigants in Cases Against the Government

Imasogie M.O.* and Victor D. Ojetayo**

Abstract

Access to justice is a fundamental right that is globally recognized. This right is multi-faceted and may be construed in specified contexts like women’s right and access to justice; Children’s rights and access to justice and some other persons that may be termed marginalized population and their respective access to justice. However, access to justice has been denied in most cases where private individuals have commenced lawsuits against the government. Fundamental rights to justice of litigants who have sought the court for justice against the government have always met a dead end. This may be due to certain political reasons. This attitude to cases against government is prominent in Nigeria. When the rights of a citizen have been breached by the government, it is almost a futility seeking redress in courts. The judge may not be disposed to giving judgment against the government for fear of being removed and where such government is given against the state, no step is taken further to enforce compliance with the judgment. Either ways, the litigant is disadvantaged and cannot enjoy the fruit of his legal tussle. This research examines the peculiarity of suing the government and the factors that inherently places the private individual litigant at a disadvantage. It however concludes that there is need to revisit ensuring access to justice in cases where the government is a Defendant or Respondent as the case may be.

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