HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The instant appeal is against the interlocutory ruling of the High Court of Justice, Akwa Ibom State, quorum, Justice Ekaette F. F. Obot in suit No. HU/2/2015, between the Akwa Ibom State House of Assembly and 2 ors vs. Imenam Nigeria Ltd, delivered on the 7th day of August, 2016. By the said ruling, located at pages 588-590 of the record, the lower court was of the view that:
‘After reading all the processes filed in respect of the preliminary objection of the defendants/applicants and a careful consideration of all the issues raised, it is my view that this objection having been brought after parties have (sic) period issues, amounts to an attempt to draw the court into dealing with substantive issues raised in the defence of the defendants as preliminary issue.
From my observation, the issue that the action is a statute (sic) is a substantial issue that has to be demonstrated (sic) evidence given the fact that the plaintiff ha…