ABBA-AJI JCA (Delivering the Lead Ruling): By a motion on notice dated and filed on 18 January 2010, the respondents/cross-appellants/applicants prayed the court for the following orders:-
1. An Order for leave to amend notice of cross-appeal dated and filed on 17 October 2008 in manner or form stated in the amended notice of cross-appeal and the schedule of amendment.
2. Deeming the amended notice of cross-appeal already filed and served as properly filed and served, the appropriate filling fees having been paid.
3. And for such further order(s) as this honourable court may deem fit to make.
The motion is brought pursuant to Order 6, rules 1 and 15 of the Court of Appeal Rules, 2007 and under the inherent powers of this honourable court as enshrine in section 6(6)(B) of the Constitution of the Federal Republic of Nigeria, 1999. The application is also supported by a five (5) paragraphed affidavit and an eight (8) paragraphed further affidavit with some annexures.