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RABIU
V.
MAGAJI

(2010) JELR 54013 (CA)

Court of Appeal 15 Jul 2010 Nigeria
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- The applicants sought to set aside the Court of Appeal judgment delivered on 1 December 2009 in appeal No. CA/K/EP/SHA/11/08, alleging denial of fair hearing due to the admission of a police investigation report (exhibit B1) previously re

Case Details

Suit Number:CA/K/296/M/2009
Judges:BABA ALKALI BA’ABA JCA (Presided and Read the Lead Ruling) MOHAMMED LAWAL GARBA JCA JOHN INYANG OKORO JCA
Counsel:Kayode Faturiyele Esq. - for the 1st and 2nd Respondents/ Applicants. -*- L. Okere Esq. (with him, Asabe Ahmed (Mrs.), P.C. Okeke (Mrs.) and M. Sayi (Miss)) - for the 1st and 2nd Appellants/Respondents. C -*- N.H. Auto Esq. - for 3rd and 4th Respondents.

BA’ABA JCA (Delivering the Lead Ruling): The applicants herein by a motion on notice dated 21 December 2009, filed on 22 December 2009, prayed this court for the following reliefs:

“1. An order of this honourable court setting aside the judgment of this honourable court delivered on 1 December 2009 in the appeal No. CA/K/EP/SHA/11/08 between Hon. Lawal M. Rabiu and Anor. v. Hon. Jumare Tanimu Magaji and 3 Ors.

2. And for such order or orders as this honourable court may deem fit to make in the given circumstances.”

The grounds upon which the application is anchored as reflected on the face of the motion paper, are as follows:

“1. This honourable court as an appellate court admitted the police investigation report earlier rejected by the trial tribunal as exhibit B1.

2. This honourable court having admitted the said police investigation report went ahead to ascribe probative value to same and same weighed heavily in the mind of the court in delivering its judgment in favour of the …

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