P.D.P.
V.
ABUBAKAR [NO. 1]

(2006) JELR 57650 (CA)    

Court of Appeal  ·  CA/A/212/06 ·  1 Dec 2006 ·  Nigeria
CORAM
ABUBAKAR ABDUL-KADIR JEGA JCA BODE RHODES-VIVOUR JCA
Core Terms Beta
application
case
respondent
appellants
trial court
paragraph
issue of jurisdiction
lower court
counter-affidavit
constitution of the federal republic of nigeria
senior counsel
supreme court
honourable court
constitution of the peoples democratic party
stay of further proceedings
chief j. k. gadzama san
combined provisions of sections
further proceedings
notice of appeal
suit no. fct
chief ojo maduekwe
constitutional right
decision of the lower court
determination of the appeal
essence of plaintiff
fair hearing
following questions
grant of an order of stay
grant of stay of proceedings
hearing of the application
jurisdiction of the lower court
lead ruling
learned counsel
learned senior advocate
learned trial judge
main suit no. fct
national chairman
national secretary
negative effect
notice of motion
order of this honourable c ourt
pending case
peoples democratic party
speedy hearing of cases
such further order
time-bound
unreported decision of this court
unreported ruling of the supreme court

ADEKEYE JCA (Delivering the Lead Ruling): In the application filed before this honourable court on the 16/11/06, the appellants/applicants, the Peoples Democratic Party (PDP), Col. AhmaduAli (Rtd.) (national chairman) and Chief Ojo Maduekwe, national secretary, prayed for:

An order of this honourable c ourt staying further proceedings in this suit pending the determination of the appeal filed by the appellants/applicants herein. And for such further order or orders as this honourable court may deem fit.

The application is predicated on eight grounds which by way of summary reveal that the appellants/applicants challenged the jurisdiction of the lower court to entertain the suit No. FCT/HC/CV/45/06 filed by the plaintiff, Alhaji Atiku Abubakar, whose preliminary objection was dismissed by the lower court on the 31st of October, 2006. The appellants/applicants filed a notice of appeal against the decision of the lower court on the 7th of November, 2006. An application to stay further pr…

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