APPEAL – AMENDED NOTICE OF APPEAL – Duty of Appellate Court to rely on amended notice of appeal – Effect of failure to rely on amended notice of appeal – Whether failure to consider an amended process constitutes a fundamental breach of right to fair hearing:

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“In the instant case, the Appellant filed a motion seeking to amend notice of appeal, and the said motion was granted by the lower court. Therefore, the lower court is bound to use the amended notice of appeal and not the original notice of appeal. Any decision taken by the lower court disregarding the amended notice of appeal would be perverse and this court is allowed to interfere and set it aside. Failure to premise its decision on the amended Notice of appeal and the new issues crafted and submitted for determination would Constitute a flagrant disregard to the right of the Appellant to fair hearing.” Per TIJJANI ABUBAKAR, JSC in WEMA BANK PLC V. ABRAHAM OLOTU (2022-LCER-46556-SC) at Pp. 26 – 27; Paras. D – A.

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APPEAL – AMENDED NOTICE OF APPEAL – Duty of Appellate Court to rely on amended notice of appeal – Effect of failure to rely on amended notice of appeal – Whether failure to consider an amended process constitutes a fundamental breach of right to fair hearing

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