JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court Akure delivered on the 3rd March 2011 declining, jurisdiction to entertain the Appellants' application for enforcement of their fundamental rights on the ground of lack of jurisdiction and striking out the suit.
The Appellants who were Applicants pursuant to the leave granted them by the Lower Court to apply to enforce their fundamental right brought a motion on notice under Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 1979 against the Respondents praying for the following:
1. A DECLARATION that the arrest of the 3rd, 4th, 5th and 6th applicants in the course of their lawful and civil business by the men and officers of the 1st respondent at Owo-Ilesha Road, Akure in Ondo State at about 9pm on Monday 7th July 2008 without any just cause is wrongful, illegal, unconstitutional and amount to a violation of the 3rd, 4th, 5th and 6th applica…