MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Port Harcourt Division. The 1st respondent had earlier filed an ex parte motion dated 22 November 1997 for leave to apply for enforcement of his fundamental human rights. The trial court, by its ruling dated 25 November 1997, granted the reliefs contained in the said motion ex parte and adjourned the matter to 9 December 1997 for the hearing of the substantive application which never had an opportunity of being heard because the appellant filed a preliminary objection. The lower court dismissed the said motion. The appellant being aggrieved against the decision of the lower court as a result, appealed to this court on a notice of appeal containing six (6) grounds of appeal.
Ground 1
The learned justices of thecourt below erred in law, when they affirmed the decision of the trial judge, when she assumed jurisdiction to entertain the 1st respondent’s application for…