A CRITIQUE ON THE DOCTRINE OF PRE-ACTION NOTICE IN NIGERIA

A CRITIQUE ON THE DOCTRINE OF PRE-ACTION NOTICE IN NIGERIA

Abstract

overview

The procedural aspects of law are generally governed by the various jurisdictions that apply, from the Magistrate’s Court to the Supreme Court. Court rules should be followed. In addition to court orders, there are other laws that regulate proceedings. In addition to court statutes or statutes specifically enacted to regulate proceedings, other statutes, such as incorporation, provide rules of procedure. Such legislation contains an entire series of prior notices. The law says that if the law specifies how something should be done, then such provision must be followed. Certainly, it is worrisome that the applicability of prior notice is not in line with the spirit of the rule of law. It is important to note that a detailed analysis of the relevant procedural law does not in fact guarantee the correctness of the award. Continuing to maintain the constitutionality of the preliminary decision serves no useful purpose. The reason used to justify the decision can be omitted. A letter from the prospective plaintiff or its representative should be sufficient to initiate the decision-making process as to whether the plaintiff should be remedied. Anachronistic rules such as prior notice serve justice endlessly, and are often procedural requirements defendants use to delay or refuse to investigate the merits. They also cause immense difficulties. The purpose of this work is to resolve the deficiencies and exaggerations of prior notice currently applied in Nigeria. This work also explores the positions of other countries on the prior notice principle and ultimately provides a solution. This work is divided into five chapters. Chapter 1 deals with the general introduction and Chapter 2 deals with the principle of prior notice applicable in Nigeria. Chapter 3 deals with the prior notice doctrine as an impediment to justice, and Chapter 4 deals with the application of the prior notice doctrine in foreign jurisdictions. Finally, Chapter 5 deals with conclusions and recommendations.