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A. I. IGUH, J.S.C. (Delivering the Leading Judgment): When this appeal came up for hearing on the 7th day of October, 2002, learned counsel for the parties adopted their respective briefs of argument and indicated that they had nothing to add. Of considerable significance, however, is the fact that all three respondents in their briefs of argument raised preliminary points of law which, in the main, turned on the vital issue of jurisdiction. The question canvassed is whether this court has jurisdiction to entertain this appeal. The submission of learned respondents' counsel is that this appeal is improperly brought before the court, that it is incurably defective and incompetent and that this court is consequently deprived of jurisdiction to entertain it.
Learned leading counsel for the 1st and 3rd respondents, Chief Duro Ajayi, did give notice of his preliminary objection to this appeal in his brief of argument. Relying on the provisions of order 2 rule 9(1) of the Supreme Court Rul…