I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): Having heard from the respective learned counsel for the parties, including the Hon. Attorney-General, Delta State, and having considered the briefs, issues and grounds of appeal in respect of this appeal and that the Hon. Attorney-General, at the outset conceded to the appeal and did not file a brief of argument for that reason, and now that the learned counsel for the 2nd and 3rd respondents has seen reason to concede to the appeal, the appeal is meritorious and same is hereby allowed. It is not the practice of this court nor any other court, and, it is against the spirit of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) section 294 thereof, that an appeal or an application is heard by a panel BUT a different panel writes and delivers a judgment or ruling. Such a judgment or ruling is certainly a nullity which must be set aside. Accordingly, the ruling of 20/4/05 by Amaizu, Augie and Ngwuta, (JJCA), wi…
UKPE
V.
OGWU
(2016) JELR 73598 (SC)
Supreme Court 7 Mar 2016 Nigeria
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Case Details
Judges:IBRAHIM TANKO MUHAMMAD, J.S.C. (Presided and Read the Leading Judgment), MARY UKAEGO PETER-ODILI, J.S.C., KUMAI BAYANG AKA’AHS, J.S.C., JOHN INYANG OKORO, J.S.C., AMIRU SANUSI, J.S.C.
Counsel:L.A.O. Nylander - for the Appellant
A.Olaleru, Esq. (with him, T. George Ikoli, Esq.) - for the 1 st & 2 nd Respondents/Applicants
Peter Mrakpor (Hon. A-G Delta State) (with him, O.F. Enenmo Esq., CSU/Appeal Dept, MOJ Delta State - for the 3 rd Respondent
Other Citations:(2016) 9 NWLR (Pt. 1518) 614
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