Chief Evans Ihesi V. Barrister Kenneth Arinze & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

SULEIMAN GALADIMA, J.C.A.

Appellant was the applicant at the Court below. He brought exparte application praying for the following:

“1. AN ORDER granting leave to the applicant to apply to this Honourable Court for an order enforcing fundamental right of dignity of human person and fair hearing.

2. AN ORDER directing that the order granting leave shall operate as a stay of all actions on matters relating to or connected with the complaint herein until the determination of the substantive motion.
3. AN ORDER of injunction restraining the respondents, their servants, agents, privies or whosoever from harassing, molesting or ejecting the applicant from applicant’s office as president of Ogbaru Main Market Amalgamated Traders Association.”

The learned trial Judge in striking out the matter stated thus:

For all the reasons I gave in my ruling of 1st April 2004 in Suit No.FHC/EN/CS/26/2004 PRINCE KENNETH EMEAKANYI V. INSPECTOR-GENERAL OF POLICE, I hereby hold that this Court lacks jurisdiction to entertain this matter and same is hereby stuck out.”

The appellant aggrieved with this decision, has now appealed to this court positing the following four grounds with particulars in his notice of appeal filed on 2/6/2004:

“(i) ERROR IN LAW:

The learned trial Judge erred in law when he struck out the suit refusing the applicant/appellant leave to enforce his fundamental human right on the ground that the court lacked jurisdiction to try the suit without giving reason why he lacked jurisdiction,

PARTICULARS OF ERROR

(a) The suit was for leave to enforce fundamental human dignity of the applicant/appellant and fair hearing.

(b) The suit was brought under S. 46 of the Constitution of the Federal Republic of Nigeria Cap IV 1999, against an individual, Barrister Kenneth Arinze and the Inspector General of Police.

(c) The decision of the learned trial Judge runs contrary to Order 1 rule 2 of the Fundamental Rights (Enforcement Procedures) Rules.

(d) The ruling of the learned trial Judge is against the decisions of the superior courts on the issues of jurisdiction of Federal High Court.

(ii) ERROR IN LAW