UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court sitting in Calabar delivered on 31st November, 2008. The Appellant was dissatisfied hence this appeal. In brief, the 2nd Respondent's counsel had filed a Preliminary Objection challenging the jurisdiction of the Federal High Court Calabar, to hear the motion on Notice as the suit was brought outside, the mandatory period of 14 days. See Order 1 Rule 1 (2) of the Fundamental Rights (Enforcement) Procedure Rules 1979. Counsel had sought to argue the Preliminary Objection before the motion on notice. However the trial Judge ordered the parties to file their various arguments, in respect of the motion on notice so that all the arguments would be taken together.
The 2nd Respondent was aggrieved and filed his notice and 2 grounds of appeal on 7th November, 2008.
The Appellant filed his brief on 29th January, 2009 and articulated 2 issues for determination as follow…