FABIYI JSC (Delivering the Lead Ruling): This ruling is sequel to the motion on notice dated 26 May 2010, and filed on 7 June 2010 argued before the court on 12 November 2012. The application was filed under Order 1, rule 12(1) of the Supreme Court Rules, 1999 (as amended). The appellants/applicants prayed as follows: “For leave to tender the attached three documents marked exhibits P10, P11 and P12 as further evidence and form part of the records of appeal pending in the above named suit.
That the appellants’ brief of argument filed on 20 July 2005 be amended accordingly.
That the amended brief of argument with the attached exhibits P10, P11 and P12 is dated (sic) 21 May 2010 be deemed properly filed and served personally on Bamgboye Bello the new party to be substituted for respondent and Chief B. O. Omirefa the respondent’s solicitor.’
The grounds for the application are stated as follows: (i) “That the three documents sought to be tendered as further evidence were not available dur…