IGE, JCA (Delivering the Lead Judgment): On 27-8-99, counsel for the applicant filed a motion before this court asking for an order to substitute Mrs. Mabel Obikoya, as the respondent in place of Chief A. O. Obikoya, who died on 20-8-98. He filed an affidavit of 12 paragraphs in support of the motion. He cited this case to buttress is argument - Opebi v. Osoaba (1976) 9 - 10 S.C. p. 195 at 200. In response to this application, the counsel for respondent has filed a counter affidavit containing 12 paragraphs to oppose the motion. He submitted that this court lacked jurisdiction to hear the application. His grounds of objection are 3 in number. There is a similar application which is still pending before the lower court; An appeal has not yet been entered; and No special circumstance have been shown in this case why this court should hear the application.
Counsel also referred to the following cases to support his argument.
Pharmatek Industrial Projects Ltd. v. Ojo (1994) 7 N.W.L.R.…