HRH EZE (DR) PETER OPARA & ANOR V. DIAMOND BANK PLC & ANOR

EJEMBI,EKO,J.C.A: (Delivering the Leading Judgment): The Appellants' application for enforcement of their fundamental rights, brought pursuant to the Fundamental Rights (Enforcement procedure) Rules, was, on 23rd January, 2007, dismissed by the Federal High court (coram I.N. Buba, J) sitting at port Harcourt. Aggrieved by this dismissal order, in the suit no FHC/PH/CS/5087/2006, the Appellants promptly filed their joint Notice of Appeal containing only one ground of appeal, to wit:

The learned trial Judge erred in law by disregarding order 1, Rule 2 (1) of the Fundamental Rights

(Enforcement Procedure) Rules, 1979 and holding that the applicants' Exhibit V. - the 2nd Respondents invitation letter to the 1st Applicant is (sic) does not show that the Applicants Fundamental Rights are likely to be infringed upon the face of the invitation.

PARTICULARS OF ERROR

1. The court failed to conjunctively consider the initial arrest and detention of the 1st applicant, the fraudulent allegation c…