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SAHEED RAHUF KERERE-EKUN v. MONSURU ALAO OWOLABI & ORS.

(2010) JELR 41741 (CA)

Court of Appeal  •  CA/L/EPT/LAS/NA/07/2008  •  30 Mar 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A.(Delivering the Leading Ruling): The application at hand is brought pursuant to (1) Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999; (2) Section 15 of the Court of Appeal Act CAP, C 36 Laws of the Federation of Nigeria, 2004 (3) Order 4 Rules 1 and 5 of the Court of Appeal Rules 2007

(4) Direction of the Practice Direction No.2 of 2007

(5) The Inherent jurisdiction of the Court and seeks for the following two reliefs:-

'1. AN ORDER LISTING THE PETITIONER/APPELLANTS APPEAL FILED VIDE NOTICE OF APPEAL DATED 3/1/2008 AND FILED AT THE ELECTION PETITION TRIBUNAL ON 4/1/2008 FOR HEARING ON ITS MERITS BEFORE A DIFFERENT PANEL OF JUSTICES OF THE COURT OF APPEAL OTHER THAN THE HONOURABLE JUSTICES WHO DELIVERED THE RULING ON THE APPELLANTS MOTION OF 10/4/2008.

2. ALTERNATIVELY, AN ORDER SETTING ASIDE THE PORTION OF THE RULING OF THIS COURT IN THIS APPEAL OF 26/5/2008 WHICH READS:

'The true position in law is that there is no appeal before u…

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