HON. ABUBAKAR SADIQ SAIDU YAR’DUA & ORS. V. SENATOR YAKUBU GARBA LADO & ORS. V. CONGRESS FOR PROGRESSIVE CHANGE (CPC) & ORS.
(2011) JELR 56217 (SC)
Supreme Court
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SC.157/2011
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17 Oct 2011
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Nigeria
Coram
ALOMA MARIAM MUKHTAR JSC (Presided) FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC (Read the Lead Ruling) SULEIMAN GALADIMA JSC NWALI SYLVESTER NGWUTA JSC
Appearances
Mr. K. K. Eleja (with him, S. A. Oke, Esq.; Clifford Omozoghian,
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Esq.; K. T. Suleiman (Miss); T.A. Akintade (Miss); I. K. O. Lawal, Esq. and S. S. Dokaji) - for the Applicants/Parties seeking to be joined.
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Mr. Rikey Tarfa, SAN, (with him, Mr. A. J. Owonikoko, SAN;J. O.
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Babayemi (Mrs.); J. Agun (Miss); J. A. Imam (Miss) and M. I.
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Ogunmowuju, Esq.) - for the 1st - 43rd Appellants/Respondents (1st set of Respondents in the application).
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Mr. Ismail Alasa (with him, JoshuaAkor, Esq. and Jide Ofor Nwosu)
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for the 1st - 3rd Respondents (2nd set of Respondents in this
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application).
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Mr. A. D. Bakare
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for the 4th respondent (from 2nd set of Respondents in this application).
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Mr. A. D. Auta - for the 5th and 6th Respondents (from 2nd set
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of Respondents in this application).
Judgement
MUHAMMAD JSC (Delivering the Lead Ruling): This is a motion on notice brought pursuant to section 6(6)(8) of the Constitution of the Federal Republic of Nigeria, 1999; Order 2, rule 28(1), (4); Order 8, rule 12(2) of the Supreme Court Rules, 1999 (as amended). The applicants herein, prayed for the following reliefs:
1. An order of extension of time within which to seek leave to appeal.
2. An order granting leave to the applicants/parties seeking to be joined as respondents in the appeal.
3. An order of this honourable court directing that all processes filed and served in the suit be served on the appellants/parties seeking to be joined through their counsel as indicated below for the purpose of appearing and/or defending this appeal.
4. An order that pursuant to the grant of this application, all subsequent processes in this appeal reflect the joinder of the applicants herein as co-respondents.
While moving the motion on notice, learned counsel for the applicants, Mr. K. K. Elija state…
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