The Law Does Not Permit Joint Suit In Fundamental Rights Abuse – Court
BY AMEH IDUJAGI, JALINGO – A High Court of Taraba State has ruled that there is no provision in law that allows for joint application in the case of fundamental human rights violation.
The Court presided over by Justice Joel Filibus Agya gave the ruling while striking out an application for violation of fundamental human rights brought before him against an Upper Area Court Judge and two others, namely Mallam Hamisu Shehu and one other person.
The applicant, Hamisu Shehu and two others had in September 2020 filed an application before the court seeking to quash an earlier judgement of an Upper area court presided over by Hon. Abubakar Sale in the case of breach of trust between Hamisu Shehu versus Musa Usman and one other where Hamisu Shehu was asked to pay N7.2 million to Usman and the one other.
Hamisu Shehu therefore challenged the judgement of the Upper Area Court which he claimed lacked fair hearing and a violation of his fundamental human rights by dragging the judge of the upper area court, Abubakar Sale and the applicants as defendants before the High Court.
Justice Agya noted that the applicants failed to submit the case which they seek to be quashed in their application, saying that the decision of the applicants to turn in a joint application rather than individual application as it pertains to a case of fundamental human rights violation has denied the Court jurisdiction in hearing the application and therefore struck out the case.
Reacting to the judgement, Counsel to the third respondent, Mr Sunday Stephen said the judgement was expected and a welcome development.
Stephen said the judgement has now paved the way for the implementation of the ruling of the Upper Area Court since the applicants have also failed to utilize the window for appeal of the Upper Area Court judgement.
