JAFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Calabar delivered on Tuesday the 27th day of March, 2007 in Suit No- FHC/CA/CS/28/2006 wherein the trial Court entered judgment against the appellant.
The background of this matter is that the 1st and 2nd Respondents had on the 22nd day of March, 2006 filed on application for the enforcement of their fundamental rights as enshrined in section 35 of the constitution of the Federal Republic of Nigeria 1999 praying the lower Court for leave to apply by reasons of violation of their fundamental rights as enshrined in section 35 of the constitution of the Federal Republic of Nigeria 1999, and for such further or other orders as the lower Court may deem fit to make in the circumstances.
The application was made exparte and on that same date the lower Court granted the 1st and 2nd Respondents leave to apply for the enforcement of their fundamental rights, also ordering …