PRINCE CHIJIOKE B. NNAJI V. PRINCE GODDY AGBO & ANOR

GALADIMA, J.C.A. (Delivering the Lead Ruling): This is a motion brought pursuant to section 16 of the Court of Appeal Act, Order 3 rule 3(1) of the Court of Appeal Rules, 2002 and under the inherent jurisdiction of this court on behalf of the 1st respondent/applicant, for an order setting aside the judgment of this court dated February 16, 2004 delivered by Opene, Akaahs and Adeniji, J.C.A., and an order re-listing for hearing appeal No. CA/E/EPT/12/03) Prince Chijioke Nnaji v. Prince Goddy Agbo and Ors. and appeal No. CA/E/EPT/12A/03, there being no valid judgment.

The grounds of the application are as follows:

1. The Court of Appeal is without jurisdiction to reopen and decide an appeal already decided on October 27, 2003 in the ruling of Honourable Justice M. Mohammed, J.C.A. and also reaffirmed in the ruling of Bon. Justice Ogunbiyi, J.C.A on January 27, 2004.

2. The Court of Appeal is functus officio as it relates to the appeal by Independent National Electoral Commission and 45…