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SIR JUDE AGBASO v. HON. SIMEON IWUNZE & ORS

(2014) JELR 36226 (CA)

Court of Appeal  •  CA/OW/187/2013  •  20 Nov 2014  •  Nigeria

Coram
ITA G. MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

ITA G. MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of Imo State High Court in suit No. How/174/2013, delivered on 28/3/2013 by Hon. Justice F.I. Duroha Igwe, wherein the learned trial judge dismissed the Fundamental Rights Enforcement matter taken out by the Appellant (as applicant at the Lower Court), after due consideration of the case, while also saying he had no jurisdiction to hear the application. In his explanatory note, the learned trial Court said:

"I am aware that it may seem odd to dismiss a case and still hold that I have no jurisdiction. I only tried to rule on all issues before me so that if this case eventually goes on appeal, the upper court will have the benefit of my view in the matter. See Ogunsola v. App (2004) All FWLR (Pt. 207) 727 at 731."

See page 397 of the Records of Appeal.

Appellant was the Deputy Governor of Imo State, when he filed an application for the enforcement of his fundamental rights under the Fundamental R…

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