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UMARU
V.
ALIYU (NO.2)

(2009) JELR 73639 (CA)

Court of Appeal 30 Nov 2009 Nigeria
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Judges:RABIU DANLAMI MUHAMMAD, J.C.A. (Presided), UWANI MUSA ABBA AJI, J.C.A., MARY U. PETER-ODILI, J.C.A., JIMI OLUKAYODE BADA, J.C.A. (Read the Leading Ruling), ABDU ABOKI, J.C.A.
Counsel:Chief M. I. Ahamba, SAN (with him, Chief Emeka Ngige, SAN;.Val Ikeonu; Val Ogar; Tony Mozie; Ibrahim Mujaheed; Onyeka Obiajulu) - for the Appellants/ Applicants Mr. Olajide Ayodele, SAN (with him, A.N. Yisa; Garba Tumaka; Mika Anache and Danlami Baba) - for the 1 st Respondent Mr. Rotimi Ojo (with him, Tanko Beji; Musa Saleiman; Danjuma Mohammed; Veronica Ndanusa; Tassalla Jiya; Gimba Mohammed; C.N. Ndekwo; Eucharia Nwakpa; Isaac Folorunso and Chioma Onyenucheya [Miss]) - for the 2 nd Respondent Mr. Olajide Ayodele, SAN, holding brief for Dr. S.S. Ameh, SAN (with him, Mr. I. I. Umahi; O.S. Olaiya; A.S. Elukpo and U.A. Ozigi) - for the 3 rd - 15 th Respondents
Other Citations:(2010) 3 NWLR (Pt. 1180) 176

BADA, J.C.A (Delivering the Leading Ruling) This is an oral application in which the learned senior counsel for the appellants/applicants craved this court as constituted to disqualify itself from hearing the application filed on 1st day of April, 2009 in which the appellants/applicants prayed for an order of court by a fresh panel of this court setting aside ex debito justiciae its own Judgment delivered on 19th February, 2009 for being a nullity, in the spirit of fair hearing.

The grounds upon which the application is brought are as follows:

The said judgment was ultra vires the Court of (a) Appeal under the Electoral Act, 2006.

The said Judgment was delivered in breach of section 36(1) of the Constitution of the Federal Republic of Nigeria and the Common Law Rules (b) of Natural Justice.

The cross-appeal which this honourable court allowed, and upon which the dismissal of the (c) main appeal was based is a nullity ab initio.

The Court of Appeal refused to be bound by a Supreme Court dec…

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