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CHIEF IKEDI OHAKIM V. CHIEF MARTIN AGBASO & ORS. AND SENATOR IFEANYI ARARAUME V. INEC & ORS & IKEDI OHAKIM V. CHIEF MARTIN AGBASO & ORS.

(2010) JELR 41789 (SC)

Supreme Court  •  SC.3/2010 (CONSOLIDATED)  •  16 Jul 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHELL CHUKWUMAH-ENEH JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): There are three appeals involved in this judgment. Appeal No. SC/3/2010 concerns the ruling of the Court of Appeal, Holden at Abuja, in appeal No. CA/A/244/2007 on the preliminary objections filed by the appellant, the 2nd, 3rd and 4th respondents herein challenging the jurisdiction of the Court of Appeal in the appeal filed by the 1st respondent herein. The ruling was delivered on the 26 day of February, 2009, dismissing the said objections.

After overruling the objections, the lower court proceeded to hear and determine the appeal on the 16th day of December, 2009 by allowing same and remitting the matter to the Federal High Court for hearing and determination on the ground that that court has jurisdiction to entertain same. Appeal NOS. SC.51/2010 and S.C/54/2010 are therefore against the judgment on the merit of the appeal, delivered on the 16th day of December, 2009.

The facts giving rise to this appeal are simpl…

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