I. F. OGBUAGU, J.S.C: (Delivering the Leading Judgment): This is an appeal against that Part of the decision of the Court of Appeal, Kaduna Division (hereinafter called "the court below" delivered on 10th April, 2008 in respect of a reference of constitutional questions from the Federal High Court, Katsina, to the court below on 11th March, 2008. The Appellant in its Brief states that;
"The Court of Appeal rightly and correctly answered the 1st Question and part of the 3rd Question, but most respectfully failed to answer the 2nd Question in accordance with its correct statement of the law in answer to the 1st Question and part (a) of the 3rd Question"
This is the crux of the instant appeal, the determination of which, should have been brief having regard to the two issues of the Appellant. But the Respondent has raised a Preliminary Objection in its brief and the Appellant has filed a Reply Brief. I am therefore, obliged to go into the matter leading to the said reference.
From the Re…