CaseLaw
Saro-Wiwa V. A.G Fed & Ors (1995) CLR 2 (C) (CA)
Brief
Facts
Applicants filed a motion on notice pursuant to order 6 Rule 1 (1) of the fundamental Rights (Enforcement Procedure) Rules, 1979 challenging their arrest and detention by agents of the respondents.
Two of the respondents filed a notice of preliminary objection challenging the courts Jurisdiction, this was overruled by trial court. Respondents appealed. While the appeal was pending, applicant filed a motion on notice pursuant to S.16 of Court of Appeal Act 1976 and relevant rules of the Court of Appeal rules 1981 for an interim order releasing the applicants from unlawful detention pending the hearing and determination of the appeal filed by the respondents or alternatively an interim order admitting the applicants to bail until when they would be charged to court.
The two earlier respondents (5th and 6th then filed a notice of preliminary objection pursuant to order 3 rule 15 (1) COA rules 1981 on the ground that the Appeal Court lacked jurisdiction to entertain the application for bail of the respondent.