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SENATOR I.G. ABANA v. CHIEF BEN OBI & ORS.

(2004) JELR 45099 (CA)

Court of Appeal  •  CA/E/EPT/22/2003  •  30 Nov 2004  •  Nigeria

Coram
JAMES OGEBE JCA; SULEIMAN GALADIMA JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; JOSEPH JEREMIAH UMOREN JCA; JA'AFARU MIKA'ILU JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): By an amended motion on notice filed on the 27th of September, 2004 the appellant, Senator I.G. Abana prayed this Honourable Court for an order setting aside its judgment delivered on the 4th of May, 2004 Coram: Isa Ayo Salami, Saka Adeyemi Ibiyeye, Victor A.O. Omage, M. Datijjo Muhammed and Aminu Sanusi, J.J.C.A. for being a nullity. This application was brought pursuant to Order 1 Rule 19 Court of Appeal Rules 2002, sections 11 and 13 Court of Appeal Act, and sections 6(6)(a) and (b) and 36 ofthe 1999 Constitution of the Federal Republic of Nigeria and the inherent jurisdiction of this court. The grounds for the application as set out in the motion are as follows:

(1) The judgment sought to be set aside is a nullity.

(2) The procedure and proceedings adopted by the Honourable Court on the 6th day of April, 2004 when the court purported to hear the appeal clearly denied the judgment of the 4th of May, 2004 based thereon the characte…

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