Where There Is a Right, There Is a Remedy

Exploring the Principle of Ubi jus ibi remedium
By P.L. Osakwe

“A right without a remedy is a promise betrayed. The law exists not just to declare justice, but to deliver it.”
P.L. Osakwe

■ Introduction

What use is a legal right if the system offers no remedy when it is breached?

This is the question that lies at the heart of the timeless legal maxim: Ubi jus ibi remedium, meaning “Where there is a right, there is a remedy.”

This principle serves as a bridge between theory and justice. It demands that every legally recognized right be accompanied by a corresponding mechanism of redress. Without this principle, rights are toothless, and law becomes a hollow promise.

In modern litigation, especially in public interest, constitutional, tort, and administrative law, this principle remains a critical tool in the hands of advocates and courts alike.

♤ What Does the Principle Mean?

The phrase means that if a person’s legal right is infringed, the law must provide a remedy, whether by compensation, restitution, injunction, declaration, or enforcement.

It reflects a deep truth: the law is not a philosophy; it is a force and its purpose is to correct wrongs, not merely to identify them.

♤ Practical Uses of the Principle

1. Human Rights and Constitutional Law

Where a fundamental right (e.g., freedom of expression, movement, or dignity) is violated, ubi jus ibi remedium ensures that courts can fashion appropriate relief, even if not expressly provided in a statute.

Example: In Fawehinmi v. Abacha (1996) 9 NWLR (Pt. 475) 710, the court recognized the enforceability of constitutional rights and the duty to provide a remedy where they are violated.

Under Section 46(1) of the Nigerian Constitution, anyone alleging a breach of a fundamental right is entitled to apply to a High Court “for redress.”

2. Tort Law
Tort is largely built on this principle: when someone wrongfully injures another (physically, emotionally, reputationally, or economically), the law offers damages or injunctive relief.

Example: A defamatory publication that injures a person’s reputation will give rise to a cause of action—and remedy—even if the injury is intangible.

3. Contract and Commercial Disputes

When parties agree to terms and one party defaults, the principle guarantees that the injured party has access to specific performance, rescission, or damages.

Even novel rights—like digital privacy, data protection, or consumer rights—must be backed by real consequences when breached.

4. Customary Law and Equity

Even where statutory remedies are unclear, equity fills the gap to ensure that injustice does not go unanswered.

Example: A widow denied access to her late husband’s land under patriarchal customs may still succeed if her right to shelter or inheritance is found—and the court, using this principle, grants her equitable relief.

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♤ Importance in Legal Strategy

♤ Encourages Creative Litigation: Lawyers can push for new remedies as new rights emerge.

♤ Prevents Legal Injustice: Ensures that courts are not mere observers of wrongdoing.

♤ Expands the Scope of Judicial Relief: Especially useful where statutes are silent.

♤ Supports the Development of Public Interest Law: By guaranteeing that the law does not tolerate harm without a remedy.

♤ Cautions and Limits

The right in question must be legally recognized, not merely a moral or social expectation.

Not every inconvenience amounts to a legal wrong.

In public law matters, courts may deny remedies on grounds like public interest, immunity, or discretion—even when a right exists.

■ Nigerian Legal Relevance

Nigerian courts have repeatedly affirmed that the existence of a right implies the existence of a remedy, especially in:

■ Land disputes (trespass and recovery),

■ Employment matters (wrongful dismissal),

■ Public accountability cases, and

■ Breach of statutory duties.

Case Law: In Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) 227, the Supreme Court held that the court will not allow a right to be violated without offering a remedy, even in political matters.

■ Conclusion

“Ubi jus ibi remedium” is not just an ancient slogan—it is the heartbeat of justice. A right is only meaningful when it can be enforced. The Nigerian lawyer who understands this does not accept silence or injustice as legal. They push, probe, and persuade the court to act.

Because when the law sees a right, it must reach for a remedy.

“Courts do not exist to count wrongs—they exist to correct them.” P.L. Osakwe