HON. AMINU IBRAHIM MALLE v. KASIMU BELLO MAIGARI & ORS
(2019)LCN/13048(CA)
In The Court of Appeal of Nigeria
On Monday, the 8th day of April, 2019
CA/YL/30/2019
JUSTICES
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
ABDULLAHI MAHMUD BAYERO Justice of The Court of Appeal of Nigeria
Between
HON. AMINU IBRAHIM MALLE Appellant(s)
AND
1. KASIMU BELLO MAIGARI
2. ALL PROGRESSIVES CONGRESS (APC)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) Respondent(s)
RATIO
THE DUTY OF THE COURT
A Court of law is enjoined to adjudicate between parties in relation to their competing legal interests and never to engage in a mere academic discourse. See Adelaja & Ors vs. Alade & Anor (1999) LPELR-109 SC. PER ABIRIYI, J.C.A.
JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against an interlocutory ruling of the Federal High Court sitting at Jalingo in Suit No. FHC/JAL/CS/19/2018.
The proceedings and judgment in Suit No. FHC/JAL/CS/19/2018 have been struck out in Appeal No. CA/YL/27/2019 just delivered by the Court this morning.
A Court of law is enjoined to adjudicate between parties in relation to their competing legal interests and never to engage in a mere academic discourse. See Adelaja & Ors vs. Alade & Anor (1999) LPELR-109 SC.
In view of the fact that the proceedings and judgment of the Court below have been struck out, there is no longer in existence a ruling which the Appellant can be dissatisfied with waranting this appeal No. CA/YL/30/2019.
This Appeal No. CA/YL/30/2019 has become academic and is hereby struck out.
Parties to bear their respective costs of the appeal.
CHIDI NWAOMA UWA, J.C.A.: I read before now the judgment delivered by my learned brother JAMES SHEHU ABIRIYI, JCA. I agree that the appeal is academic, in view of the fact that the sister appeal
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No. CA/YL/27/19 emanating from the same judgment of the lower Court in Suit No. FHC/JAL/CS/17/18 has earlier been struck out with the proceedings for being statute barred. I also strike out the appeal and abide by the order made as to costs in the leading judgment.
ABDULLAHI MAHMUD BAYERO, J.C.A.: I was privileged to read in advance a draft copy of the Judgment just delivered by my learned Brother Justice James Shehu Abiriyi JCA. I also agree that the Appeal is mere academic exercise and is hereby struck out. I also abide by the consequential orders contained in the Judgment.
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Appearances:
Abdulhamid Mohammed with him, S. I. WaziriFor Appellant(s)
F. K. Idepefo with him, G. C. Oraekelam and S. I. Simon for the 1st RespondentFor Respondent(s)
Appearances
Abdulhamid Mohammed with him, S. I. WaziriFor Appellant
AND
F. K. Idepefo with him, G. C. Oraekelam and S. I. Simon for the 1st RespondentFor Respondent
