NDUKA EZEIGBO & NDUKA INTEGRATED CO. LTD. V. ASCO INVESTMENT LTD. & COMMISSIONER OF POLICE (LAGOS STATE)

GARBA, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Jos Division (lower court) contained in the judgment delivered on the 2nd of February, 2015, allowing the appeal by the respondents against the judgment of the Federal High Court, Jos (trial court) setting it aside and dismissing the claims for breach of fundamental rights brought under sections 34, 35 and 41 of the 1999 Constitution (as altered).

The notice of appeal containing four grounds, was filed on the 4th May, 2015 and in the appellants’ brief filed on the 16th July, 2015, four issues are set out for determination by the court in the following terms:-

“1. Whether the Court of Appeal is not wrong in holding that the provision of Order VIII (1), and of the Fundamental Rights Enforcement Procedure Rules, 2009 is not mandatory despite the express use of the word “must” (Ground 1).

2. Whether the Court of Appeal or any court for that matter is entitled to take up points of fact…