ECONOMIC AND FINANCIAL CRIMES COMMISSION V. MR. CHIEDOZIE EKEOCHA

OMOLEYE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of M. A.E. Nanna J of the High Court of the Federal Capital Territory, holden at Abuja delivered on 27 May 2004. The brief background facts of this appeal are that the 1st respondent was granted leave to apply for the enforcement of his fundamental right on 30 March 2004. Pursuant to the said leave of court but fifteen days thereafter, the 1st respondent filed on 14 April 2004, the motion on notice for the enforcement of his fundamental rights in which he claimed some reliefs. On 30 April 2004, the motion was argued. The appellant’s counsel raised an objection that the motion on notice was not competent not having been filed within the statutory period of fourteen days after leave was granted to the 1st respondent. In a considered ruling delivered on 27 May 2004, the objection on the competence of the motion was overruled. The learned trial Judge then went ahead to grant the reliefs sought by the 1st re…