CHRISTOPHER MITCHEL CHUKWUMA-ENEH, J.S.C. (Delivering the Lead Ruling): The notice of preliminary of objection filed on 27/10/2009 by the 4th respondent in this matter has been raised against hearing of this appeal pursuant to order 2 Rules 9 and 20 of the Supreme court Rules and under the inherent jurisdiction on the following grounds:
"1. The Notice of Appeal is incompetent for failure to obtain necessary leave of court as required by Section 233(2) and, (3) of the Constitution of the Federal Republic of Nigeria 1999.
2. The Record of Appeal was not prepared by the Appellant and was not transmitted to this Honourable Court within 14 days from the date of judgment of the Court of Appeal.
3. The Appellant's brief was not filed within time.
4. The parties on the Appellant's Brief and other processes filed are not the same as the parties in the court.
5. The Appeal is an abuse of Court process."
The preliminary objection is supported by an affidavit of 27 paragraphs sworn to by one Feli…