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(2007) JELR 48365 (SC)

Supreme Court 13 Jul 2007 Nigeria
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- The applicant argues that the judgment should be set aside because the panel of justices that heard the appeal was not properly constituted and because the court delivered the judgment without hearing a pending application. - The responde

Case Details

Suit Number:SC.289/2002-(R)
Judges:SYLVESTER UMARU ONU JSC ALOYSIUS IYORGER KATSINA-ALU JSC DAHIRU MUSDAPHER JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC
Counsel:Babalakin, SAN (with him, O. Akoni, SAN, C. J. Agbu, A. S.Oyinloye, K. E. Akanbi, H. Sulaiman [Mrs.], O. Oyewunmi, C A. Adekoya [Mrs.]) For the Appellant Ayo Ajayi For the Respondent

F. F. TABAI, JSC (Delivering the Leading Ruling): This ruling is sequel to an application dated and filed on the 11/10/2006. The application seeks the following reliefs:

1. Setting aside the judgment of this Honourable Court delivered in this appeal on Friday 4th May, 2006.

2. Rehearing of the appeal by a reconstituted panel of Justices of this Honourable Court consisting on (seven) Honourable Justices.

The grounds for the application are stated therein to be that:

(i) The appeal giving rise to the said judgment relates to a decision of the Court of Appeal in a civil matter on a question as to the interpretation and application of section 251(1)(d) of the Constitution of the Federal Republic of Nigeria 1999 ("the 1999 Constitution").

(ii) By virtue of section 234 of the 1999 Constitution appeals requiring the interpretation and application of the Constitution by this Honourable Court.

(iii) The panel of the Supreme Court that heard this appeal on 61h February 2006 was made up of on…

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