ADEBAYO ADEYIGA & ORS V. THE MILITARY GOVERNOR OF LAGOS STATE & ORS

IGE, J.C.A. (Delivering the Lead Ruling): This is a preliminary point or an issue which the parties in the pending appeal wish to be tried before embarking on the hearing of the appeal.

The Respondents are contending the accuracy of the records of proceedings in this appeal. It is their submission that the Judge did not record the proceedings of what transpired in court on 23/12/93. They filed an affidavit dated 22/2/99 sworn by one Chief Adebayo Olamijulo Adefala the Respondents' solicitor who claimed to be familiar with the facts of the case.

I need to quote the relevant sections of the affidavit. Paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the affidavit read thus:

"Affidavit in support or what transpired in the High Court No.1, Ikeja, on Thursday, the 23rd day of December, 1993, before the Hon, Justice A.L.A.L. Balogun:

2. That I was always present in court throughout the trial of the case in the court below and was indeed in court on the 23rd day of December, 1993, when the case was b…