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DENTON-WEST
V.
JACK

(2013) JELR 53033 (SC)

Supreme Court 24 May 2013 Nigeria
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- The appellant, a High Court judge, issued a civil subpoena and subsequently a bench warrant, sua sponte, against the 1st respondent, a non-party to the underlying civil suit, for the purported purpose of compelling him to disclose informa

Case Details

Suit Number:SC.15/2009
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) MUHAMMAD S. MUNTAKA-COOMASSIEJSC (Read the Lead Judgment) NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC
Counsel:Frank A. Chukuka - for the Appellant. -*- Sonny O. Wagu, Esq., - for the 1st C -*- Respondent. -*- Mr. Worgu Boms, Esq., Attr.-Gen., Rivers State (with him, Mrs. N. -*- C. Wroegbu) - for the 2nd and 3rd Respondents.

MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Port Harcourt Division. The 1st respondent had earlier filed an ex parte motion dated 22 November 1997 for leave to apply for enforcement of his fundamental human rights. The trial court, by its ruling dated 25 November 1997, granted the reliefs contained in the said motion ex parte and adjourned the matter to 9 December 1997 for the hearing of the substantive application which never had an opportunity of being heard because the appellant filed a preliminary objection. The lower court dismissed the said motion. The appellant being aggrieved against the decision of the lower court as a result, appealed to this court on a notice of appeal containing six (6) grounds of appeal.

Ground 1

The learned justices of thecourt below erred in law, when they affirmed the decision of the trial judge, when she assumed jurisdiction to entertain the 1st respondent’s application for…

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