Major-general Zamani Lekwot (Rtd) & Ors Vs Judicial Tribunal On Civil And Communal Disturbances In Kaduna State (1997)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI JSC.

By a Motion on Notice the appellants/applicants pray for the following orders –

“(i) Setting aside the judgment: of the judicial Tribunal on Civil and Communal Disturbances in Kuduna State presided over by Hon. Justice B. O. Okadigbo delivered on 2nd Februarv, 1993, in charge No. KD/C&CDT/5/92 Federal Republic of Nigeria v. Major-General Zamani Lekwot & 6 others.

(ii) Nullifying all the proceedings of said Tribunal from the 4th day of December, 1992 until the said date of judgment.

(iii) Fixing a date for the hearing of application filed by the applicants on the 2nd of December 1992 for stay of proceedings of the 1st respondent Tribunal pending the determination of the appeal.

AND for such further order or other orders as Honourable Court may deem fit to make in the circumstances.

AND FURTHER TAKE NOTICE that the grounds of the said E application are as follows:

(i) On the 2nd day of December, 1992, the appellants filed in the Supreme Court for stay of proceedings in charge No. KD/C&CDT/5/92 then pending before the 1st Respondent until the final determination of the appeal then pending before the Supreme Court.

(ii) On the same day the appellants filed all Ex-Parte application for stay of the afore-said proceedings until the determination of the Motion on Notice referred to above.

(iii) Notwithstanding the fact that the said applications were duly served upon the 1st respondent on the 4th of December, 1992, the 1st respondent continued with the said proceedings until 2nd February,1993, when it delivered its judgment.

(iv) By thus proceeding with the trial, the Tribunal had pre-empted the exercise of the jurisdiction of the Supreme Court to grant a stay of proceedings.

(v) Notwithstanding the fact that the application for stay of proceedings pending appeal was patently urgent, the Supreme Court Registry has failed to list the application for hearing.”

The motion was supported by an affidavit of’) paragraphs sworn to by one Adewale Adesokan, a legal practitioner in the Chambers of Messrs G. O. K. Ajayi & Co. Solicitors to the appellants/applicants. Paragraph 2 to 9 read thus –

“2. On 2nd of December 1992 we filed in the Supreme Court on behalf of the Appellants a Motion Ex-Parte and a Motion on Notice for an order granting a Stay of Proceedings in Charge No. KD/C & CDT/ 5/92 which was pending before the 1st Respondent.