KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the leading Ruling Judgment): By a motion on notice dated and filed on 14th March 2011 the 1st and 2nd Appellants applicants seek the following orders:
a. An order substituting Alhaji Sallau Abdulrahman as the respondent in the place of Alhaji Ibrahim Modibbo (deceased) in Appeal No. CA/J/218/07 and all other processes before this court.
b. An order striking out the name of 3rd appellant, now deceased as appellant in this appeal.
And for such further or other orders as the court may deem fit to make in the circumstances of this case.
The grounds for the application are:
i. That the respondent and 3rd applicants are dead and the appeal survives them.
ii. That this appeal involves the interpretation of the provisions of the constitution of Hausawan Makurdi.
iii. That the appeal also involves the determination of which version of Hausawan Constitution is valid.
The application is supported by a 6-paragraph affidavit deposed to …