ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): At the lower court, the appellant filed an application for the enforcement of his fundamental human rights in the High court of Rivers state and the application was filed for hearing on 3rd May, 2002, the application was struck out by the trial judge, S. C. Amadi [J] on the ground that the application was incompetent, and therefore, the court was not clothed with jurisdiction.
Dissatisfied with the decision, the appellant filed a notice of appeal containing two grounds. From the two grounds, the appellant has raised 2 issues for determination and they read as follows:-
"1. Whether the learned trial judge ought to have struck out the appellant's case on the basis of non compliance with the rules?
2. Whether the appellant has made out a case for the enforcement of his fundamental right which this court can grant, notwithstanding the refusal of the lower court to hear the case on the merit?"
On the part of the 1st respondent, he…