By Callistus Agwaza, Jalingo
Justice Joel Filibus Agya of Jalingo High Court on Thursday struck out the application brought before him by Mallam Hamisu Shehu and one other, seeking to quash the judgement of an Upper area court in the case between Hamisu Shehu and one other versus Abubakar Sale and two others.
Delivering his submission in the forty one minute judgement, Justice Agya maintained that there is no provision in the law that allows for joint application in the case of fundamental human right violation.
The applicants had on September 2nd approached the Court to challenge the judgement of the Upper Area Court where they were asked to pay the sum of seven Million, two hundred Thousand Naira he owed the third respondent.
In his judgement however, Justice Agya noted that the applicants failed to submit the case which they seek to be quashed in their application.
He also said that the decision of the applicants to turn in a joint application rather than individual application as it patterns to a case of fundamental human rights violation has denied the Court jurisdiction in hearing his application.
Reacting to the judgement, council to the third respondent Mr Sunday Stephen said that the judgement was expected and a welcome development.
Stephen said the judgement has now paved 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.
