FIRST BANK OF NIGERIA PLC V. CHIEF ONWUKA KALU & ORS

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the First Bank of Nigeria PLC, against the decision of the Federal High Court Umuahia delivered on the 18th day of July 2001 per Liman J. This court had on the 26th day of September 2006 granted leave to the Appellant to file this appeal.

The 1st Respondent, Chief ONWUKA KALU, had commenced this action against the 2nd - 7th Respondents at the Federal High Court, Umuahia via a motion ex parte on the 29th day of March 2001 under the Fundamental Rights (Enforcement Procedure) Rules to enforce his fundamental rights allegedly breached by way of his trial, conviction and sentence in absentia before the now defunct Failed Bank II, Kano in charge No. FBT/II/KNZ/CR/6/97.

The 1st Respondent who went to the lower court to enforce his fundamental rights did not join the Appellant on whose complaint he was tried and convicted. The lower court on the 18th day of July 2001 gave judgment in favour of the 1st Responde…