The five-man panel of judges led by Morenikeji Ogunwumiju on Thursday said the lower court made a “summersault” when it entertained matters that had already been transmitted to the appellate court.
According to the judgement, which was delivered by Philomena Ekpe, the lower court had no business entertaining further applications on the matter and did not have right to adjourn the matter.
“From the above submission, the said issue is hereby resolved in view of the appellant against the first respondent. Consequently this appeal is deemed meritorious and it is hereby allowed,” she said.
“The decision of the lower court delivered 28th July 2016 is hereby set aside and the cost of N100,000 is hereby awarded in favour of the appellant.”