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CHIEF SERGEANT CHIDI AWUSE V. DR. PETER ODILI & ORS

(2003) JELR 21665 (SC)

Supreme Court  •  SC.205/2003  •  28 Nov 2003  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC;

Judgement

I. L. KUTIGI, JSC (Delivering the Leading Ruling): By motion on notice the applicant prays for the following reliefs -

"1. An order of court for accelerated hearing of the appeal and an interlocutory application arising therein.

2. An order of court striking out the appeal in limine for incompetence.

3. Making any other order or orders as the Honourable Court may deem fit and proper in the circumstances of this appeal.

AND further take notice that the grounds upon which this application is brought are as follows-

(a) Under section 246(3) of the 1999 Constitution of the Federal Republic of Nigeria, the decision of the Court of Appeal in an election petition is final.

(b) The notice of appeal is a deliberate abuse of judicial process intended to delay and pervert the cause of justice.

(c) The notice of appeal is a nullity."

The application is supported by an affidavit of urgency and a 15-paragraph affidavit both sworn to by the applicant himself with five exhibits attached. Because of…

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