BADA JCA (Delivering the Lead Judgment): This is an appeal against A the interlocutory decision of Hon. Justice J.C. Ahanonu sitting at the High Court of Enugu State. In the said decision delivered on 3/3/2005, the learned trial Judge overruled the preliminary objection through which the appellant challenged the competence of the suit and the jurisdiction of the Enugu State High Court to entertain the suit. As a result, the appellant who felt dissatisfied with the said decision has appealed to this court.
The appellant formulated two issues for determination as follows:-
Whether the learned trial Judge was right or wrongin refusing to follow the decision of the Court of Appeal in Oyewole v. Sheu (1995) 8 NWLR (Pt. 414) 484 which deals with the mandatory requirements of the Fundamental Rights (Enforcement Procedure) Rules (i.e. the requirement that facts be embedded in the statement) on the grounds that it is a harsh decision.
Whether the learned trial Judge rightly or wrongly assum…