ISSUE FOR DETERMINATION- WHETHER THE SUPREME COURT CAN CONSIDER AN ISSUE WHICH THE COURT OF APPEAL FAILED TO CONSIDER
“It is very well settled that the Supreme Court can consider issue which the Court of Appeal failed to consider. That is to say this Court can take up and decide an issue raised before the Court of Appeal but which was not considered by that Court. See Agbo v State (2006) 6NWLR (Pt.977) 545, Ukwunnenyi v State (1989) 4 NWLR (Pt.114) p.131. Katto v CBN (1999) 6 NWLR (Pt.607) p.390” -PER O. RHODES-VIVOUR, J.S.C. in