ISA AYO SALAMI, J.C.A. (Delivering the Lead Ruling): On the day fixed for hearing of this appeal, two counter-affidavits deposed to on behalf of the respondent and the learned trial judge were found in the record. And when the attention of Alhaji Agbaje, S.A.N. was called to them he confirmed that he had filed an affidavit challenging the record of the lower court. This affidavit was nowhere to be found hence the matter had to be stood down for a search to be conducted for the affidavit. The affidavit was eventually found and the hearing commenced in earnest.
In arguing the purported application Agbaje, S.A.N. informed the court that he is not required in a matter of challenging the record to come by way of motion. He contended further that all that is required of him is an affidavit which had been deposed to. He referred to pages 26 lines 15-20 and 29 lines 26-34 which show that the court was aware that the appellant had a plan. He referred us to paragraphs 9 and 10 of the affidavit…