M. MOHAMMED, JSC (Delivering the Leading Judgment): This appeal against the judgment of the Court of Appeal Kaduna Division of 7-5-1997, arose from the ruling of the Federal High Court Ilorin delivered on 2-8-1995 dismissing a preliminary objection raised challenging its jurisdiction in the following terms-
"1. The court lacks jurisdiction to grant the reliefs being sought by the applicant."
The appellant who claimed that his fundamental rights had been breached by the respondents, evoked the jurisdiction of the Federal High Court Ilorin under section 42(1) of the 1979 constitution and order 1 rule 2(1) and (6) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 by filing an ex-parte application dated 295-1995 for leave to enforce his rights. Leave was granted by the trial court on 5-6-1995 while the main application on notice was fixed for hearing on 19-6-1995.
However, the respondents on being served with the appellant's application on notice, promptly filed a notice of p…