Cookie Policy
OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Justice M.O. Eneji of the High Court of Cross River State, Ikom Judicial Division, delivered on 13/8/2003 striking out the application of the appellants to enforce their fundamental rights.
The facts, which led to this case on appeal, were that on or about the 27/3/01, the appellants, as applicants, filed an application ex parte for leave to enforce their fundamental rights. Leave was accordingly granted by Obasse J. on 28/3/01 and adjourned the matter to the 10/4/01 for the hearing of the motion on notice. The appellants filed the motion on notice with the accompanying statement and verifying affidavit on 3/4/01. Upon being served with the motion on notice, the 1st respondent filed a notice of preliminary objection dated 28/5/01 challenging the bearing of the appellants' application for the enforcement of their fundamental rights. For reasons which are not germane or relevant to this appeal. the…