EMMANUEL BEN V THE STATE
June 11, 2025ALHAJI ABDULKADIR DAN MAINAGGE V ALHAJI ABDULKADIR ISIAKU GWAMNA
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11740
In the Supreme Court of Nigeria
Fri Nov 5, 2004
Suit Number: SC. 361/2001
CORAM
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURTALOMA MARIAM MUKHTAR,, JUSTICE, SUPREME COURT
PARTIES
EX. SQN. LDR. N.H. OBIOSA APPELLANT(S) / APPLICANT(S) / PLAINTIFF(S)
DEFENDANT(S) /RESPONDENT(S)
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant sought to set aside the decision of the Supreme Court on the ground that the notice of appeal upon which it was decided required leave to be filed and that leave was not sought.
HELD
The court held that leave was not required to file the notice of appeal because it raised issues of law and that the Supreme Court cannot review its decision on the basis of a point which was considered in the judgment.
ISSUES
Whether the applicant’s application ought to have been granted.
RATIONES DECIDENDI
CASES CITED
1. Ancon V. Fassassi (No.4) (1987) 3 NWLR (Pt.59) 422. Atuyeye V. Ashamu (1987) 1 NWLR (Pt. 49) 267;3. Nsirim V. Nsirim (1990) 3 NWLR (Pt. 138) 285;4. Global Transport Ocenico S.A. V. The Owners of the M/V “Kapetan Leonidas” (2001) 5 NWLR (Pt.706) 426; (2001) 3 SCM 35.5. Adigun V. Attorney-General Oyo State (1987) 1 NWLR (Pt.53) 678.?
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1999
