" It has been held by this court in that case that the decision of Edokpayi, J., is a nullity.

I have to repeat that it is wrong to write a judgment on evidence recorded by another Judge.

I am bound to follow the decision in Francis Shanu 's case.

I therefore declare the judgment of Edokpayi, J., in the case in hand, a nullity."

"It is amazing to read the analysis of the evidence made by Edokpayi, J., when he had no opportunity to look into the face of witnesses in order to observe their demeanour when they were giving evidence.

In a recent decision of Francis Shanu and Anor. v. Afribank Nigeria Plc., (2002) 17 NWLR (Pt. 795) 185, this court, in a judgment delivered by my learned brother, Uwaifo, J.S.C., considered a similar situation like the procedure followed in the case in hand. Ironically the two Judges, Obi, J., and Edokpayi, J., were both involved in the mistrial in the case of Francis Shanu (supra). It has been held by this court in that case that the decision of Edokpayi, J., is a nullity.

I have to repeat  that it is wrong to write a judgment on evidence recorded by another Judge. I am bound to follow the decision in Francis Shanu 's case. I therefore declare the judgment of Edokpayi, J., in the case in hand, a nullity. Consequently, this appeal is dismissed on the ground that the judgment of Edokpayi, J., is a nullity

Per MOHAMMED, J.S.C in Eghobamien v. F.M.B.N. (2002) 17 NWLR (Pt.797) 488