OBI
V.
INEC

(2009) JELR 47459 (SC)

Supreme Court 11 Jun 2009 Nigeria
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- The applicants are requesting the court to set aside its previous ruling and judgment. - The Chief Justice of Nigeria (CJN) concludes that the motion is an abuse of judicial process and dismisses it. - Another Justice of the Supreme Court

Case Details

Suit Number:SC.123/2007(2)
Judges:IDRIS LEGBO KUTIGI CJN NIKI TOBI JSC DAHIRU MUSDAPHER JSC MAHMUD MOHAMMED JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC OLUFUNMILOLA OYELOLA ADEKEYE JSC
Counsel:Dr. Onyechi Ikpeazu (SAN) with him Ike Chude, T. U Oguji, V. E. Okonwo (Mrs.), C. N. Abiakam (Mrs.), Pat Onukwuli For the Appellant. D.C. Enwelum Nkem ObiakorPrince Orji Nwafor Orizu with him Chuma Chukwudi, Ugochukwu Onyejiuto, Esther Ebbey-Ollo, Nnaenedia Oguaju and Ndobia Njoku (Miss).J.B. Daudu (SAN) appears with him U.N. Agomoh (Miss), Taiwo Abe, T.A. TABAI (Miss), P.B. Daudu ,A. S. Adedeji, Oli Ifeanyi and J. I.OgambeaO. J. Nnadi, Esq.Emeka Etiaba with Emeka Okoli, J. C. Ebubedike (Miss) and Iwuchukwu For Respondent
Other Citations:I.N.E. C v. Obi (2009) 18 NWLR (Pt. 1172) 215 SC

I. L. KUTIGI, C.J.N. (Delivering the Lead Ruling): This is an application by the applicants praying the Court (1) to set aside its ruling delivered on 29/1/08 in which this Court struck out the motion for want of jurisdiction; and (2) an order to set aside its judgment delivered on 14/6/07.

I have carefully examined the briefs of argument, notice of preliminary objection and oral arguments and submissions of learned counsel on all sides. I have come to undoubted conclusion that the motion is a thorough abuse of judicial process in that the validity of the Notice of Appeal filed in the Court of Appeal on 18/4/07 had been firmly decided by this Court on merit. It is trite law that there should be an end to litigation and this Court cannot re-open this case which has now come before us three (3) or even 4 times. Further in order to foreclose a further gross abuse of the processes of this Court this application will be dismissed and it is hereby dismissed. This Court regards this matter a…

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