JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): On 22nd September, 2011 when this appeal came up for hearing, the Learned Counsel for the Appellant, O. Ojibara Esq informed the Court that the former panel of this court which had earlier heard this appeal had invited counsel to further address the court on the competence of the Notice of appeal filed on 15th March, 2000 as contained on pages 502-506, volume 1 of the record of appeal. That the said notice of appeal was signed "for and on behalf' of the learned SAN who prepared the said Notice. He conceded that in view of several decisions of this court and the Apex court, such a notice of appeal is incompetent but urged the court to allow the use of the said notice in view of the advanced stage of the appeal and in view of the fact that the said notice of appeal was subsequently amended and filed on 5th October, 2007.
The Learned Senior Counsel for the Respondent, A. J. Owonikoko SAN, leading other counsel in the matter, su…