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(2013) JELR 35892 (SC)

Supreme Court 14 Jun 2013 Nigeria
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- The case involves an application brought under various sections of the Supreme Court Act, Supreme Court Rules, and the Constitution of Nigeria. - The applicant seeks to nullify or set aside a judgment and orders given on July 6, 2012, and

Case Details

Suit Number:SC.34/2005(R)
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
Counsel:R. Clarke SAN, A. A. Odunsi, J. Aburime (Miss), M. Lawrence - Dokpesi (Mrs.), J. Okoh, T. O. Ochonogor For Appellant Adetunji Oyeyipo SAN, Mabruk Kunmy-Olayiwola, Rilawan Mahmoud For Respondent

MARY UKAEGO PETER-ODILI, JSC (Delivering the Lead Ruling): This is an application brought pursuant to Section 22 of the Supreme Court Act, 2004, Order 2, Rules 28(1) - 29(1) and (2), 2, Order 10 Rule 1(1) Supreme Court Rules, 1999, S.(1), S.36(1), S.17(1), (2)(a) and (e) and S.294(5) of the Constitution of the Federal Republic of Nigeria, Art 3 and 7 of the African Charter on Human and Peoples' Rights (ACHPR); (Ratification Enforcement Act) 1990 and the inherent jurisdiction of this court.

The prayers sought are as follows:

1. An Order formally nullifying or setting aside the judgment and "Orders" "given" on July 6, 2012

2. An Order directing that Appeal No SC.34/2005 be reconsidered by a different panel of Justices of this honourable court.

3. Such further or other Orders as this honourable court may deem fit to make in the circumstances.

The Grounds upon which the application was brought are thus:

1. The learned justices prevented counsel to the appellants to argue the appellant's …

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