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NATIONAL JUDICIAL COUNCIL v. HON. JUSTICE P.N.C. AGUMAGU & ORS

(2014) JELR 36138 (CA)

Court of Appeal  •  CA/A/361/2014(R)  •  6 Nov 2014  •  Nigeria

Coram
S.D. BAGE JCA; M.A. OREDOLA JCA; I. G. MBABA JCA; O. F. OGBUINYA JCA; O.A. OTISI JCA;

Judgement

ITA GEORGE MBABA, J.C.A (Delivering the Leading Judgment): This appeal was adjourned to today with the consent of all the parties, on 21/10/14, for hearing and all Counsel appeared satisfied, especially, when Learned Counsel for the 1st Respondent made an oral application to file their Respondent's Brief, which was not opposed by the Appellant.

Today, however, 1st Respondent, apparently, threw an affidavit on us, filed only yesterday, 5/11/2014, just for our information, saying that they (1st Respondent) had gone on appeal to the Supreme Court against the decision of this Court, reached on 21/10/14, which held that the Records of Appeals were properly before us.

It is on the basis of this affidavit that the 1st Respondent sought adjournment of this appeal, pending when the Supreme Court can hear and determine the motion for stay of proceedings, which the 1st Respondent (as Appellant) filed at the Supreme Court on 4/11/14.

Counsel for the 1st Respondent has told us that the Records of…

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