HYA' OSAHON IHENYEN V. ATTORNEY GENERAL OF FEDERATION AND MINISTER OF JUSTICE & 5 ORS.

JEGA, J: By a Notice of Preliminary Objection dated 12th October, 2000, the respondents/applicants prayed for an order thus:-

Striking-out and/or dismissing the applicant’s suit as constituted and conceived.

The grounds upon which the order is being sought are stated as follows:-

a. The Special Procedure (for Enforcement of Fundamental Rights) made pursuant to section 42 of the 1979 Constitution does not admit rights which are not within and outside the purview of Chapter IV of the 1999 Constitution.

b. The applicant has failed to disclose his locus standi in the matter.

c. The Honourable Court lacks the jurisdiction to entertain, hear and or adjudicate on the applicant’s suit as constituted and conceived.

Take notice that the 1st and 2nd respondents/applicants while arguing this notice shall rely on all the Court Processes as filed in this case by the applicant.

AND FOR SUCH FURTHER ORDER or other orders as the Honourable Court may deem fit to make in the circumstance.

In moving the applic…