- Comptroller N. P. S. v. Adekanye (No. 3)
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Comptroller N. P. S. v. Adekanye (No. 3)
DR. FEMI ADEKANYE
R. K. OSAYAMEH
KINGSLEY B. EFFIOM
DR. O. A. FOLORUNSHO
ELENDU C. C.
AGABI JOE I.
SUPREME COURT OF
SALIHU MODIBBO ALFA BELGORE, JSC ( Presided )
IDRIS LEGBO KUTIGI, JSC
SYLVESTER UMARU ONU, JSC
ALOYSIUS IYORGYER KATSINA-ALU, JSC
AKINTOLA OLUFEMI EJIWUNMI, JSC ( Read the Lead Judgment )
12TH JULY, 2002
APPEAL - Appeal based on lower courtâ€™s
judgment which the Supreme Court has already set aside - Whether the Supreme
Court need consider same again
COURT - Supreme Court - Appeal based on
judgment already set aside thereby - Whether the Supreme Court need consider
LEGAL PRACTITIONERS - Right of party to a
suit to have a legal practitioner of his choice
- Party to a suit - Right of to a legal practitioner of his choice
Whether the Court of Appeal had jurisdiction to entertain
the application of respondents and proceedings therefrom to grant bail to them
irrespective of the fact that it had delivered its final judgment which thereby
made it functus officio on the
motions and prayers in question.
as applicants at the Court of Appeal filed several applications for the
praying the Court of Appeal to vary its order contained in its judgment dated
15th June, 1999.
praying the Court of Appeal to grant bail to the
An order directing the lower court to release the
applicants on bail.
The appellants opposed the application,
and at the conclusion of hearing the Court of Appeal granted bail to the
applicants. Dissatisfied, the appellants appealed against that ruling to the
Supreme Court. The respondents also filed a cross-appeal.