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Rules of court have no provision for arrest of judgments

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ARREST OF JUDGMENT: Whether the rules of court makes provision for the arrest of judgment about to be delivered and the exceptions if any

"Apart from the peculiar nature of the proceedings giving rise to the appeal, generally speaking and by the decision of this court in Newswatch Communications Ltd vs Attah (supra) the rules of court have no provision for arrest of judgments about to be delivered by a court.

There is however an exception to that general rule as can be gleaned from the decision of this court in the case of Dingyadi vs INEC (No.1) (2010) 18 NWLR (Pt.1224) 1; (2010) 4 - 7SC (pt.1) 76 where the Sokoto Division of the Court of Appeal sitting on appeal in an election matter was stopped, by this court, from delivering a judgment in an appeal arising from election petition filed in abuse of process as it is the duty of every court to prevent abuse of its process or the process of the court."

Per ONNOGHEN, J.S.C in Alhaji Kashim Shettima & 3 Ors v. Alhaji Mohammed Goni & 6 Ors. (2011) 10 SC 92


   
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