COMMENCEMENT OF ACTION –  IMPLICATION OF INITIATING A FUNDAMENTAL RIGHTS ENFORCEMENT SUIT AS AN ORDINARY ACTION ON ORIGINATING SUMMONS UNDER THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2009  

 

Yinka Bright
Joined: 11 months ago
Posts: 114
10/09/2019 11:00 am  
“In the instant case, the appellant did not commence the action under theFREPR 2009. It was initiated as an ordinary action on originating summons under the Federal High Court (Civil Procedure) Rules 2009 (the rules of the court below) vide pages 3-5 and 19 – 33 of the record. Having litigated the case under the ordinary channel of litigation by originating summons under the rules of the court below the appellant cannot take benefit under the FREPR 2009.Therefore the amplitude of locus standi under the FREPR 2009 would not apply to this case. PER J. S. IKYEGH, J.C.A,

OLUMIDE BABALOLA Vs ATTORNEY GENERAL, FEDERATION & ANOR


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