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THERHEMEN TARZOOR V. AGBOM A. AVINE & ORS

(2011) JELR 37507 (CA)

Court of Appeal  •  CA/MK/EPT/20/2011  •  25 Oct 2011  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA ALI ABUBAKAR BABANDI GUMEL JCA UCHECHUKWU ONYEMENAM JCA

Judgement


ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Ruling): In an application dated and filed on 19th October, 2011 the 1st and 2nd Respondents/Applicants seek for the following 2 main reliefs. They are:-

(1) An order of the Honourable Court disqualifying itself from hearing of this Appeal for reason of real likelihood of bias; and
(2) An order of this Honourable Court remitting this appeal to the President, Court of Appeal, Abuja, for the purpose of re-assigning same to any other similar Appeal Court differently constituted for the purpose of hearing and determining of the appeal.

This application was brought pursuant to S. 36(1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and order 7 r.1 of the court of Appeal Rules, 2011.

Also, the application is predicated on the following 13 grounds and a 24 paragraph affidavit with 4 Exhibits attached thereto. The grounds are:-

1. This Honourable court had on the 16th day of September, 2011 delivered two judgm…

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