AN APPRAISAL OF THE LAW AND PRACTICE PRE -ACTION NOTICE IN NIGERIA

Abstract

The law and practice of pre-action notice in Nigeria has been a long standing practice. The public corporation, statutory bodies, institution and other government Parastatal surreptitiously enshrined in their laws a provision on pre-action notice with the aim of settling the matter without the need for court intervention. There are have been arguments and counter arguments that the law and practice of pre-action notice is unconstitutional, illegal and should be declared null and void, because it is believed that it negates the provision of the constitution which provides for unfettered right of access to court and justice in Nigeria. This paper adopts doctrinal research method, specifically library-based research. This paper compares the practice of pre action notice in other jurisdictions and found that courts in Nigeria are in full support of the mandatory service of pre-action notice, and plethora of cases that had been decided were in full in support that the Plaintiff must issue the pre-action notice in compliance so as to fulfill the condition precedent for invoking jurisdiction of the court, pre-action notice law been a procedural law, the condition must be fulfilled. The paper concludes that though the service pre-action notice is mandatory for invoking the jurisdiction of the Court, non- compliance should not attract total ouster of the Court Jurisdiction but should only put the jurisdiction of the court in abeyance pending compliance.