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MOHAMMED HASSAN HASHIM RIMI v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ANOR

(2004) JELR 45105 (CA)

Court of Appeal  •  CA/A/EP/19/2004(-R)  •  6 May 2004  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is a motion on notice filed by the 2nd respondent/applicant for the following reliefs:

"1. An order of enlargement of time within which the 2nd respondent/applicant may file its brief of argument in this appeal.

2. An order deeming the brief of argument already filed as being properly filed. And for such further order(s) as this Honourable Court may deem it fit to make in the circumstance of this case."

The grounds upon which the application was based are as follows:

"1. The 2nd respondent/applicant could not file its brief of argument within time limited by the Practice Direction No.1 of 2003.

2. The delay in filing the brief was not meant to show disrespect to the court.

3. The 2nd respondent/applicant has prepared and file his brief of argument."

While moving the motion, learned counsel for the 2nd respondent/applicant Mr. Owonikoko stated that the application was brought pursuant to Order 3 rule 4 of this court's rules and …

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