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COMPTROLLER, NIG. PRISON SERV., IKOYI
V.
ADEKANYE

(1999) JELR 77718 (CA)

Court of Appeal 15 Apr 1999 Nigeria
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- This case involves an application to set aside a final ruling in a suit. - The issue at hand is whether the counsel for the Attorney-General of the Federation has the authority to represent the Attorney-General. - The counsel for the resp

Case Details

Judges:GEORGE ADESOLA OGUNTADE, J.C.A. (Presided and Read the Leading Judgment), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A., PIUS OLAY1WOLA ADEREMI, J.C.A.
Counsel:Mr. F. Nwadialo SAN, (with him, Mens Emeka Ngige, I.C. Ifediora and O.A. Egwuato) - for the Appellants Mr. Dixon Osuala (with him,C.C. Okoh) - for the 1st - 22nd Respondents Mr. Femi Falana - for the 23rd - 27th Respondents.
Other Citations:(1999) 5 NWLR (Pt. 602) 167

OGUNTADE, J.C.A. (Delivering the Leading Judgment): This matter came before us on 8-3-99. It was an application for an order setting aside the final ruling of Hunponu-Wusu, J in suit No. M/626/98. There were four other prayers sought by the applicants.

There was however a notice of preliminary objection filed by the learned counsel for 1st to 22nd respondents Mr. Dixon Osuala challenging the representation by Mr. F. Nwadialo SAN as counsel for the Attorney-General of the Federation. This court then asked Mr. Nwadialo to produce the letters by which he was instructed to appear for the Attorney-General of the Federation.

The first letter dated 4-2-99 written by the Attorney-General of the Federation (hereinafter referred to as A.G) was directed to the Managing Director, Nigerian Deposit Insurance Corporation Abuja and the operative part thereof reads:

"2. In view of the fact that N.D.I.C. is seized of the facts of these cases, you are hereby directed to brief a counsel to take over and han…

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