BAGE JCA: (Delivering the Lead Judgment): This is an appeal against the ruling of M. B. Idris J. of the Federal High Court, Lagos Division contained in the ruling of the court dated on 2 March 2012, whereby the learned trial judge dismissed the appellant’s motion on notice dated 28 June 2011 and refused to set aside his null judgment given without jurisdiction on 13 A October 2010.
The facts which led to this appeal are as follows:
The appellant vide his motion exparte dated 11 May 2009 and filed on 27 May 2009 applied for the leave of the trial honourable court to enforce his fundamental human rights. The motion ex parte was brought pursuant to Order 1, rule 2(1)(2)(3)(4)(6), Order 4, rules 1(2)(3)(4) and (6) of the Fundamental Human Rights (Enforcement Procedure) Rules, 1979. His application for leave was accompanied with a statement stating the names, addresses and description of the applicants, the reliefs sought. A verifying affidavit of seven (7) paragraphs and exhibits wa…