EWETE V. GYANG | (2003) JELR 42383 (SC)

Case Details

Suit Number:SC.25/1997

Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria

Counsel:G. Ofodile-Okafor, SAN (with him, S. Oyawole, Esq. and E. O. Okoro, Esq.) For Appellant O.A.U. Pinheiro, Esq. (with him, A. Kamoru, Esq.) For Respondent

Other Citations:Ewete v.Gyang (2003) 6 NWLR (Pt.816)345 (2003) 2 - 3 S.C 157 (2003) 2 - 3 S.C 157, (2003) 6 NWLR (Pt. 816) 345

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal raises yet again the validity or otherwise of an order for leave to appeal on grounds other than of law only from the decision of a High Court in any of the Northern States (in this case, Plateau State) sitting in its appellate jurisdiction to the Court of Appeal. One would have thought that the question raised has been put to rest by the decision of this court in Alhaji Oloyede Ishola v. Memudu Ajiboye (1994) 6 NWLR (Pt,352) 506. This court by majority, decided, inter alia, in that case that in considering an application for leave to appeal, the High Court of Kwara State must be constituted by two Judges of that court as required by section 63 (1) of the High Court Laws of Northern Nigeria, Cap. 49, Laws of Northern Nigeria, 1963 (applicable also in Plateau State). We are now being called upon in this appeal to depart from that decision and to hold that such an order is valid where it is made by a single Judge of t…

EWETE
V.
GYANG

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