ISA AYO SALAMI, OFR, J.C.A. (Delivering the Leading Judgment): The applicants brought an application ex-parte praying inter alia for leave to enforce their fundamental rights. Leave was granted on 11th day of August, 2004.
Learned trial judge heard learned counsel for the parties and adjourned the matter for ruling. In a reserved and not well considered ruling the learned trial judge concluded as follows-
"In view of the above, the Applicant cannot adopt the documents statement and verifying affidavit used in the Ex-parte by transferring it as they ought to have been filed separately along with the motion on Notice. I hold that the application is incompetent and this court has no jurisdiction to consider the submissions of counsel. They are hereby discountenanced"
The applicants were dissatisfied with the failure, refrain or refusal of the learned trail judge to determine the application after hearing all the parties on the merit. They have now appealed to this co…