Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IBORI
V.
AGBI & ORS.

(2004) JELR 44991 (SC)    

Supreme Court  ·  SC.97/2003 ·  6 Feb 2004 ·  Nigeria
 · 
Other Citations
Ibori v. Agbi (2004) 6 NWLR (Pt.868)78 (2004) 2 S.C. (Pt I) 51
Ibori v. Agbi (2004) 6 NWLR (Pt. 868) 78
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH 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 AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court
5th defendant
exhibit a
appeal
court of appeal
sole issue
learned justices of the court of appeal
senior advocate
appellants
ex-convict
trial court
5th respondent
evidence act
3rd respondents
rules of this court
4th defendant
case no. cr81-95
conclusion of the lower court
determination of this case
learned trial judge
proceeding of court
senior counsel
4th respondents
argument of the learned san
arguments of counsel
behalf of the 5th respondent
candidate of the peoples democratic party
claims of the plaintiffs
cross-appeals
due consideration of the submissions
e criminal procedure code
following grounds
following reliefs
gwagwalada division of the high court of the fct
laws of the federation
leading judgment
mr. alex izinyon
orders of the court
platform of the peoples democratic party
preliminary point
printed record shows
proceedings of the upper area court bwari
proper appraisal of the issues
ruling of yussuf
said appeals
said application
said high court
virtue of his conviction
virtue of the combined effect of sections

EJIWUNMI, JSC (Delivering the Leading Judgment): The appeal and cross-appeals in this matter arose from the judgment and orders of the court below wherein that court (Coram, Abdullahi, PCA, Oguntade, Muhammad, Bulkachuwa, Oduyemi, JCA) upheld the appeal against the ruling of Yussuf, delivered on the 24th of March, 2003 and set it aside. The court went further to order that the case be heard de novo by another Judge of the High Court of the Federal Capital Territory (FCT).

For a proper appraisal of the issues raised in the said appeals, it is in my view necessary that the facts leading thereto should be reviewed briefly. This matter apparently commenced when the appellants by an originating summons dated 3rd February, 2003, was taken out at the Gwagwalada Division of the High Court of the FCT against 1st - 4th respondents for the following reliefs:-

"1. A declaration that by virtue of the combined effect of sections 112, 114, 115 and 124 of the Evidence Act, Cap. 112, Laws of the Fede…

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