JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgement): This is an appeal against the decision of the Federal High Court, Enugu Division as contained in the judgment of Faji, J. delivered on 30th March, 2007. The learned trial judge held that he had no jurisdiction to adjudicate on the Originating Summons filed by the Appellant. After declining jurisdiction, the learned trial judge proceeded to dismiss the application initiated by the Appellant pursuant to section 295(2) of the 1999 Constitution seeking reference of certain questions to the Court of Appeal.
In view of the findings of the learned trial judge on the issue of jurisdiction as stated above, the matter was struck out.
For a proper appraisal of the issues canvassed in this appeal, it is apt to recapitulate, albeit briefly, the facts which are relevant and of moment. Vide the Originating Summons dated and filed on 12th February, 2007 the Appellant prayed the Lower Court for the determination of the following questions…