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GEORGE ADUMU & ORS v. THE STATE

(2012) JELR 35168 (CA)

Court of Appeal  •  CA/PH/145M/2011  •  15 Mar 2012  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 18th March 2011 and filed on the 24th March 2011, the applicants herein are seeking for extension of time to seek leave to appeal, leave to appeal and extension of time to appeal.

In addition, the applicants are asking this court to stay proceedings in charge/case no. PH/337/2010 now pending at the High Court of Rivers State sitting at Port Harcourt. In support of the motion on notice is a 36 paragraphs affidavit deposed to jointly by the applicants. Annexed to the affidavit are four notices of appeal and a copy of the ruling on a preliminary objection to the ongoing trial of the applicants at the lower court. Parties filed written addresses which they adopted at the hearing of this application.

Mr. A.R. Abdulrahman, learned counsel for the applicants, who also settled the Applicants' written address formulated one issue only for determination of this application. This issue read as follows:-

"Whethe…

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