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HIS EXCELLLENCY, CHIEF D.S.P. ALAMIEYESEIGHA, THE EXECUTIVE GOVERNOR OF BAYELSA STATE V. THE HONOURABLE CHIEF JUSTICE OF NIGERIA & ORS.

(2004) JELR 48028 (CA)

Court of Appeal  •  CA/A/27/M/2003  •  11 Feb 2004  •  Nigeria

Coram
BABA ALKALI BAÂ’ABA JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Appearances
T. J. O. Okpoko, SAN (with him, F. U. Alika, Esq.) For Appellant O. O. Fatunde (Mrs) -for the 2nd Respondent Kolapo Adabale, Esq. (with him, J. O. Drisu [Miss])Adaeze Idigo-Izundu (Mrs) (with her, Jeph Njikonye, Esq.)B. B. Orpin, Esq. -for the 23rd Respondent U. O. Akomolafe, Esq.Saka Isau, Hon. Attorney-General, Kwara State (with him, H. A. Gegele, State Counsel) -for the 25th Respondent Dapo Adeniji, Esq. C.S/C Osun StateJ. D. Yakubu, Esq. (with him, S. Haruna, Esq.; A. Bawa, Esq.; V Agala, Esq. and M. H. Adamu, State Counsel) For Respondent

Judgement

BA'ABA, J.C.A. (Delivering the Leading Ruling): By a motion on notice, dated 10th day of February, 2003, filed in this court on 14th February, 2003, the applicant is praying the court for the following orders:

"(a) Leave to the applicant herein to appeal to the Court of Appeal against the ruling/orders of the Federal High Court made on 28th day of January, 2003, in this suit.

(b) Staying all and any proceeding by the Federal High Court in respect of suit No. FHC/ABJ/CS/19/2003 between His Excellency, D.S.P. Alamieyeseigha v. Hon. Chief Justice of Nigeria and 37 others pending the hearing and determination of this application by the Court of Appeal.

And for such further order or orders as this Honourable Court may deem fit to make in the circumstances."

When the motion was called on 19/11/03, all the counsel for the respondents present in court did not oppose the application except the counsel for the 2nd, 7th and 15th respondents as a result the motion was argued on that date.

Arguing…

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