This appeal against the judgment of the Court of Appeal Kaduna Division of 7-5-1997, arose from the ruling of the Federal High Court Ilorin delivered on 2-8-1995 dismissing a preliminary objection raised challenging its jurisdiction in the following terms-

An application to the Federal High Court Ilorin under Section 42(1) of the 1979 Constitution and Order 1 rule 2(1) and (6) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 by filing an Ex-parte application dated 29-5-1995 for leave to enforce his rights was made. Leave was granted by the trial Court on 5-6-1995 while the main application on notice was fixed for hearing on 19-6-1995.

However, the Respondents on being served with the Appellant's application on notice, promptly filed a notice of preliminary objection challenging the jurisdiction of the trial Federal High Court to entertain the action. Consequently, the parties were duly heard on the preliminary objection on 19-6-1995 and in a considered ruling delivered on 2-8-1995, the learned trial Judge dismissed the Respondent's preliminary objection and held that the trial Court has jurisdiction to entertain the action. Part of this ruling at page 71 of the records reads:-

"Earlier in this ruling, I found and held that the 1st and 2nd Applicants/Respondents are agents of the Federal Government and the 3rd applicant is an agent of the 2nd Applicant/Respondent. In view of the foregoing, I find and hold that by virtue of Section 230(1)(q), (r) & (s) of the 1979 Constitution as amended by Decree 107 of 1993 this Court has jurisdiction to entertain this action as filed."

Dissatisfied with this ruling the Respondents then appealed to the Court of Appeal Kaduna, which after hearing the parties on a number of issues, allowed the appeal after considering the issue of jurisdiction alone.