(1998) JELR 45564 (CA)    

Court of Appeal  ·  CA/E/85/96 ·  15 Dec 1998 ·  Nigeria
Other Citations
C.O.P. v. Omanukwue (1999) 2 NWLR (Pt.590) pg.190
C.O.P. v. Omanukwue (1999) 2 NWLR (Pt. 590) 190
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
committal proceedings
grounds of appeal
jurisdiction of the court
legal capacity
supreme court
federal high court
instant case
trial court
2nd respondents
fundamental rights
jurisdiction of his court
lack of jurisdiction
lower court
mrs. patricia nweke
principal legal officer
substantive application
1st-3rd respondents
2nd appellants
above grounds
anambra state ministry of justice
briefs of arguments
case of governor of anambra state v
committal of the parties
ex-parte order of the court
following terms
higher court
honourable court
ifitedunu progressive union
jurisdiction of court
leave of the court
motion ex-parte
motion of the respondents
offence of contempt of court
paras g
privacy of the homes of the applicants
question of jurisdiction
reason of the said threat
resolution of that challenge
senior counsel
suit no. fhc

AKPABIO, J.C.A.: (Delivering the Leading Judgment): This is an appeal against a ruling of Kassim, J. of the Federal High Court, Enugu Division in suit No. FHC/E/M11/95 delivered on 22nd April, 1996, wherein he decided that he would first consider a motion for the committal of the parties sought to be joined, for contempt before considering the motion of the respondents/appellants challenging the jurisdiction of his court to entertain the matter before him.

In the substantive application before the court, the two applicants who are now the 1st and 2nd respondents had brought a motion ex-parte under Order 1 rule 2 of the Fundamental Rights (Enforcement Procedures) Rules 1979 for leave of the court for them to inter alia apply for enforcement of their fundamental rights which are guaranteed by sections 31(1)(a), 32( 1), 33( 1), 34 and 40 of the 1979 Constitution of the Federal Republic of Nigeria, which were seriously being threatened to be infringed by the respondents, their servants, …

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