THE FEDERAL REPUBLIC OF NIGERIA V. CHIEF OLABODE GEORGE ARCHITECT AMINU DABO CAPTAIN O. ABIDOYE ALHAJI ABDULLAHI AMINU TAFIDA ALHAJI ZANNA MAIDARIBE ENGR. SULE ALIYU
(2010) JELR 56313 (CA)
Court of Appeal
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CA/L/21M/2010
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24 Jun 2010
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Nigeria
Coram
CLARA BATA OGUNBIYI JCA (Presided and Read the Lead Ruling) ADZIRA GANA MSHELIA JCA HUSSEIN MUKHTAR JCA
Appearances
Mr. O. Ayanlaja SAN (with him, Dr. A. F. Layonu, and Miss T. A. Onabanjo) - for the 1st Appellant/Respondent.
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Mr. Olabisi Ade-Ademuwagun (with him, Peter Paul Nnorodi, Olubunmi Lawani (Mrs.), Kayode Otufale, Uche EsosaAliyu (Mrs.))
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- for 2nd Appellant/Respondent. A Mr. Akinola Oladeji (with him, Olugbenga Ojo, Michael Lana, Olusegun Olaniyi, Olusegun Oyename and L. O. Osawemwenze) -
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for 3rd Appellant/Respondent.
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Mr. Oluwarotimi Sanni - (with him, Mr. Anthony Atata) - for the 4th
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Appellant/Respondent. B
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Mr. Olalekan Ojo(with him, Oludayo Famakin-Johnson,Vamta Vusuf,
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Akande Adewale and Onabanjo Damilola (Miss)) - for the 5th Appellant/Respondent.
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Mr. Olayinka Farounbi (with him, Kayode Makinde Esq.) - for the
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6th Appellant/Respondent.
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Mr. Festus Keyamo (with him, G. Okhajaguan and N. Emeaso- C
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Nwachukwu) - for the Respondent/Applicant.
Judgement
OGUNBIYI JCA (Delivering the Lead Ruling): The application subject of this rulingis dated 7 June 2010 and pursuant to section 15 of the Court of Appeal Act, 2004; Order 4, rules 2, 3 and 4 of the Court of Appeal Rules, 2007; Order 19, rules 2 and 3 of the Court of Appeal Rules, 2007; and also the inherent jurisdiction of this court seeking for the following threefold reliefs: “1. An order grantingleave to the respondent/applicant to adduce additional/fresh/further evidence in this court, that is to say to file and rely on the document No.LJP/A.17/2002/162 annexed to the affidavit in support as exhibit “authority 1” and to use it as part of the records of appeal.
An orderextendingtime within which the respondent/applicant may file the respondent’s brief (which also includes the cross- appellant’s brief).
An order deeming as properly filedand served the respondent’s brief (which also includes the cross-appellant’s brief) which has been filed and served.
And for such further order or othe…