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TIMOTHY ADEILO ADEFULU & ORS V. CHIEF O.O. OKULAJA & ORS

(1998) JELR 43519 (SC)

Supreme Court  •  SC.56/1993  •  24 Apr 1998  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Appearances
J.C. Ejike, Esq. (with him, N. Nwabueze) - for the Applicant For Appellant A. A. Adefulu, Esq. - for the 4th-17th Respondents Kehinde Sofola, SAN (with him, Chief Mrs. C. J. Aremu, Esq. - for the Plaintiffs/RespondentsA.O. Asenuga (Mrs) Director of Civil Litigation, Ministry of Justice, Ogun State - for the 2nd and 3rd Respondents For Respondent

Judgement

BELGORE, J.S.C. (Delivering the Leading Ruling): The applicant, Timothy Adeilo Adefulu prays as follows:-

"(a) An order setting aside the judgment of this Honourable Court delivered on the 13th day of December, 1996 as there was a fundamental defect which goes to the issue of jurisdiction and competence of the court on the day when the appeal was heard and the said judgment was delivered.

(b) FURTHER, OR IN THE ALTERNATIVE, an order that the said judgment is a nullity by reason of the fact that the adjudicating tribunal was not constituted in such a manner as to secure its independence and impartiality in view of the subject matter and antecedents of the suit and the nature of the inquiry the Supreme Court was called upon to conduct.

(c) FURTHER, AN ORDER that the said appeal be restored to the cause list and the appeal against set down and heard de novo before a panel of justices so constituted as to exclude the Justices (Ogundare and Onu, J.J.S.C.) whose participation has rendered t…

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