(2002) JELR 44737 (CA)    

Court of Appeal  ·  CA/A/51/M/2002 ·  22 May 2002 ·  Nigeria
Other Citations
In Re: Ndayako (2003) 4 NWLR (Pt.809)42
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
decision of this court
proposed notice of appeal
interested party
chairman of the niger state council of chiefs
mr. omotunde of counsel
rights of the applicant
supreme court of nigeria
judgment of this court
supreme court
emir of borgu
appeal of the appellants
members of the niger state council of chiefs
decision of the trial court
aforesaid decision
statutory duty
mr. a.o. mohammed of counsel
aforesaid judgment of this court
learned counsel
1st respondent
general electric
mr. l.o. fagbemi
governor of niger state
re afolabi
appointments of chiefs
pronouncement of this court
trial court
legal matter
alhaji umaru sanda ndayako
laws of niger state of nigeria
etsu nupe
3rd appellant
law cap
above reason
statutory requirement
questions of facts
duty of the governor
leading ruling
ruling of my noble lord
alhaji haliru dantoro
leading judgment
advantageous course

MUSDAPHER, J.C.A. (Delivering the Leading Ruling): The applicant herein, Alhaji Umaru Sanda Ndayako, Etsu Nupe, the Chairman of the Niger State Council of Chiefs has applied to this court, for leave to appeal against the decision of this court, entered on 26th day of February, 2002, as an interested party to the Supreme Court of Nigeria, on his own behalf, and on behalf of the other members of the Niger State Council of Chiefs. In that wise, he is also praying for leave to appeal to the Supreme Court, against the aforesaid decision as an interested and affected party on grounds of mixed law and facts. The application brought pursuant to the provisions of S. 233(3) and (5) of the 1999 Constitution is supported with an affidavit of 14 paragraphs. Attached to the affidavit, are the judgment of this Court entered as aforesaid on the 26/2/2002 and a proposed Notice of appeal. The grounds on which the application is based are:-

"1. The pronouncement of this court trampled on the rights of t…

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