(2005) JELR 45312 (CA)    

Court of Appeal  ·  CA/E/EPT/12A/2003 ·  13 Jan 2005 ·  Nigeria
Other Citations
(2006) 8 NWLR (Pt. 981)
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal no. ca
court of appeal
445th respondents
1st respondent
functus officio
judgment of this court
learned counsel
no. ca
445th respondent
brief of argument
contention of the learned counsel
court of appeal rules
exceptional circumstances
independent national electoral commission
judgment of the court of appeal
support of the application
valid judgment
245th respondents
arguments of counsel
behalf of the 1st respondent
concurring opinion
court of appeal act
exhibits cn1
favour of each set of the respondents
final judgment
final order
final result
firm of the applicant
further notice
grounds of the application
hearing appeal no. ca
hearing of appeal no. ca
hearing of the application
inherent jurisdiction of this court
lead ruling
matrimonial proceeding
national assembly election tribunal
number of decided authorities of the supreme court
paragraph affidavit
records of appeal
respective counsel
ruling of honourable justice m. mohammed
supreme court decision
supreme court decisions

GALADIMA, J.C.A. (Delivering the Lead Ruling): This is a motion brought pursuant to section 16 of the Court of Appeal Act, Order 3 rule 3(1) of the Court of Appeal Rules, 2002 and under the inherent jurisdiction of this court on behalf of the 1st respondent/applicant, for an order setting aside the judgment of this court dated February 16, 2004 delivered by Opene, Akaahs and Adeniji, J.C.A., and an order re-listing for hearing appeal No. CA/E/EPT/12/03) Prince Chijioke Nnaji v. Prince Goddy Agbo and Ors. and appeal No. CA/E/EPT/12A/03, there being no valid judgment.

The grounds of the application are as follows:

1. The Court of Appeal is without jurisdiction to reopen and decide an appeal already decided on October 27, 2003 in the ruling of Honourable Justice M. Mohammed, J.C.A. and also reaffirmed in the ruling of Bon. Justice Ogunbiyi, J.C.A on January 27, 2004.

2. The Court of Appeal is functus officio as it relates to the appeal by Independent National Electoral Commission and 45…

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