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COL. MOHAMMED SAMBO DASUKI (Rtd.) v. FEDERAL REPUBLIC OF NIGERIA & ORS

(2018) JELR 38657 (CA)

Court of Appeal  •  CA/A/159c/B/2017  •  14 Jun 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal by appellant, a subpoenaed witness, is against the 25/10/2017 ruling of Okon Abang, J., of the Federal High Court, Abuja Judicial Division. In the said ruling, the learned trial judge refused to grant appellants motion for him to set aside the subpoena ad testificandum (subpoena to testify) issued against appellant by him on the orders of this Court to testify on behalf of second respondent in Charge No FHC/ABJ/CR/05/2016 pending in the Federal High Court against 2nd and 3rd respondents. Appellant sought in the alternative an order to suspend the execution or further execution of the said subpoena. Abang, J., declined granting the prayer and rather struck out the motion on the grounds that he lacked the jurisdiction to review the said judgment of this Court of 29/09/2017 in Appeal CA/A/159C/2017- OLISAH METUH and ANOR. V. F.R.N., which had incidentally overturned His Lordships own ruling and had…

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