(2004) JELR 45099 (CA)    

Court of Appeal  ·  CA/E/EPT/22/2003 ·  30 Nov 2004 ·  Nigeria
Other Citations
Abana v. Obi (2005) 6 NWLR (Pt.920)183
Abana v. Obi (2005) 6 NWLR (Pt. 920) 183
JAMES OGEBE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
court of appeal rules
learned counsel
fair hearing
honourable court
constitution of the federal republic of nigeria
amended motion
panel of justices
brief of argument
case of saleh v
character of a legitimate adjudication
open court
panel of justices coram
set aside
6th day of april
appellate court
hearing of the application
judgment of 4th may
natural justice
written address
amendment of court process
breach of fair hearing
breach of natural justice
breach of the doctrine of fair hearing
case of igwe v
case of vulcan gases ltd. v
court of appeal act
deputy chief registrar of the court of appeal
exhibit a1
final court
following facts
further-affidavit dated 4th october
inherent jurisdiction of this court
leading judgment
order of court
paragraph affidavit
preview of the lead ruling
proceedings of the 6th day of april
said amended motion of the applicant
spite of the applicant
such ancillary matters

ADEKEYE, J.C.A. (Delivering the Leading Judgment): By an amended motion on notice filed on the 27th of September, 2004 the appellant, Senator I.G. Abana prayed this Honourable Court for an order setting aside its judgment delivered on the 4th of May, 2004 Coram: Isa Ayo Salami, Saka Adeyemi Ibiyeye, Victor A.O. Omage, M. Datijjo Muhammed and Aminu Sanusi, J.J.C.A. for being a nullity. This application was brought pursuant to Order 1 Rule 19 Court of Appeal Rules 2002, sections 11 and 13 Court of Appeal Act, and sections 6(6)(a) and (b) and 36 ofthe 1999 Constitution of the Federal Republic of Nigeria and the inherent jurisdiction of this court. The grounds for the application as set out in the motion are as follows:

(1) The judgment sought to be set aside is a nullity.

(2) The procedure and proceedings adopted by the Honourable Court on the 6th day of April, 2004 when the court purported to hear the appeal clearly denied the judgment of the 4th of May, 2004 based thereon the characte…

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