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UWAIS, JSC (Delivering the Leading Judgment): This case was commenced on the 18th day of February, 1981 in the High Court of Kaduna State by the respondent, as plaintiff, applying exparte under Order 1 rule 2(3) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, S.1 (1) of 1979, for an order to enforce his fundamental right under the Constitution of the Federal Republic of Nigeria, 1979. The application was granted by the High Court. Thereafter the plaintiff took out an originating summons under Order 2 rule 1(1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 which states-
"1. (1) When leave has been granted to apply for the order being asked for, the application for such order must be made by notice of motion or by originating summons to the appropriate court, and unless the court or Judge granting leave has otherwise directed, there must be at least eight clear days between the service of the motion or summons and the day named therein for the hearing. For…