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i
The appeal giving rise to the said judgment relates to a decision of the Court of Appeal in a civil matter on a question as to the interpretation and application of Section 251(l)(d) of the Constitution of the Federal Republic of Nigeria 1999 ("the 1999 Constitution").
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ii
By virtue of Section 234 of the 1999 Constitution appeals requiring the interpretation and application of the Constitution by this Honourable Court.
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iii
The Panel of the Supreme Court that heard this appeal on 6th February 2006 was made up of only 5(five) learned Justices.
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iv
The Honourable Court was not properly constituted to hear the appeal and thus lacked the jurisdiction to do so or to deliver a judgment thereon.
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v
After hearing the appeal but prior to the delivery of judgment of this Honourable Court the Respondent/Applicant brought an application dated and filed on the 17th March 2006 seeking a rehearing of the appeal by a reconstituted 7 (seven) man panel of learned Justices of this Honourable Court.
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vi
The application referred to in paragraph 5 above was not heard before judgment was delivered and remains pending.
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vii
The delivery of the Court's judgment without hearing the pending application amounted to a determination and refusal of the said application without granting the Respondent a fair hearing or any hearing at all contrary to Section 36 of the 1999 Constitution.
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viii
The judgment of this Honourable Court delivered on 5th May 2006 is a nullity being one in which the appeal was heard without the fulfillment of a condition precedent to the exercise of jurisdiction and which also violates the principle of fair hearing.
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ix
This Honourable Court has the jurisdiction to set aside its own judgment where it is found to be a nullity.
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x
Jurisdiction being a sine qua non for the existence of the power to adjudicate can be raised at any time.
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