SAFAR 21 1431 A.H.
FRIDAY FEBRUARY 5, 2010.
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Fed high court adjourns Lere-East case to Jan 10
From MUSTAPHA SAYE, Kaduna
A Federal Court of Appeal sitting in Kaduna, presided by Justice Muhammad Lawal Garba has adjourned a cased filed by former member representing Lere East constituency in the Kaduna state House of Assembly, Honourable Jummare Tanimu Magaji, to 10th of January 2010
The presiding judge averred that in the proceeding to hear the motion of notice, five judges are to be appointed to entertain and determine such a case.
Earlier in his motion on notice filed by the counsel of appellant, Mr. Kayode Faturiyele, averred that there was no hearing on the interlocutory as the appellant/respondent did not adopt their brief thereto and same was not deemed argued or adopted as to warrant the court admitting the subject’s matter of the said appeal
He said applicants were also denied their right to fair hearing thereby vititing or rendering voids, the entire trial and judgment delivered by the court
In his prayer, Barrister Kayode asked the hounarable court to set aside the judgment delivered on 1st December, 2009 in the appeal no CA/ K/EP/SHA/11/08 between Hon. Lawal M. Rabiu of Peoples Democratic Party & another Vs Hon Jummare Tanimu Magaji & three others, hence the ground for the application was the court as an appellant court, admitted the police investigation report earlier rejected by the trial tribunal as exhibit B1
Other grounds for the application having admitted, the said police investigation report went a head to ascribe privative value to same and same weigh heavily on the mind of the court in delivering its judgment in favor of the appellant/respondent
It would be recalled that on the 1st of December, 2009, court delivered a judgement in favour of Lawal Rabiu of PDP against Tanimu Jummare of ANPP member representing Lere East
