NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice. Cross River State, Calabar Judicial Division presided over by Uke. J. The ruling was read on 20/8/04 by Ita, J of the same division.
On 7/5/04, the learned trial Judge granted the respondents leave to enforce their fundamental rights as enshrined in S. 36 of the 1999 Constitution of the Federal Republic of Nigeria. The learned trial Judge also ordered that the leave granted shall operate as a stay of all actions or matters relating to the complaints of the respondents pending the determination of the case.
Upon service on her of the motion on notice pursuant to the leave to enforce the respondents' fundamental rights the appellant raised a preliminary objection to the hearing of the motion in that the trial court lacked jurisdiction to entertain the matter and that the action was not commenced by appropriate procedure and is therefore incompetent. The court below delive…