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The Federal High Court, Calabar presided over by Justice A. F. Ademola on February, 2011 delivered a judgment against the navy and four others in a suit instituted by Mr. Friday Ukpong, claiming damages for negligence resulting in the unlawful shooting and killing of Rosemary Ukpong Ndere, his first daughter in 2007, while on an official duty.
But the navy appealed the matter through its counsel, Mr. Ekpedeme Iyoho, charging the Appeal Court to determine “whether considering the law and the entire circumstances of the case, the trial judge had jurisdiction to deliver the judgment.
The navy also sought the appeal court to dete
rmine whether the judge was right when he held the appellants liable in negligence.”
However, counsel to the respondent, Mr. Joe Agi (SAN), who was represented by Mr. Emmanuel Shuabu, maintained that the Federal High Court ought to have jurisdiction on the matter under section 251 of the 1999 constitution and the judgment was in order.
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