EJIWUNMI, JSC (Delivering the Leading Judgment): The appeal and cross-appeals in this matter arose from the judgment and orders of the court below wherein that court (Coram, Abdullahi, PCA, Oguntade, Muhammad, Bulkachuwa, Oduyemi, JCA) upheld the appeal against the ruling of Yussuf, delivered on the 24th of March, 2003 and set it aside. The court went further to order that the case be heard de novo by another Judge of the High Court of the Federal Capital Territory (FCT).
For a proper appraisal of the issues raised in the said appeals, it is in my view necessary that the facts leading thereto should be reviewed briefly. This matter apparently commenced when the appellants by an originating summons dated 3rd February, 2003, was taken out at the Gwagwalada Division of the High Court of the FCT against 1st - 4th respondents for the following reliefs:-
"1. A declaration that by virtue of the combined effect of sections 112, 114, 115 and 124 of the Evidence Act, Cap. 112, Laws of the Fede…