MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court sitting at Umuahia, Abia State of Nigeria, (hereinafter referred to as the lower Court), delivered on the 29th day of June, 2004 by Hon. Justice J. T. Tsoho, J.
The ruling pertains to the decision of the lower Court, wherein the said Court dismissed the 1st 3rd respondents/1st 3rd appellants preliminary objection, challenging the jurisdiction of the lower Court to entertain the applicant/1st respondents (hereinafter referred to as the 1st respondent) suit. The suit from where this appeal emanated from was commenced by a motion ex-parte dated the 26th day of April, 2002 and filed on the 2nd day of May, 2002, wherein the 1st respondent sought to protect and/or seek redress for the breach of his fundamental right and sought for the grant of the following reliefs:
(A) A declaration that the arrest of the Applicant at Atta in Njaba Local Governmen…