JUDGMENT AND ORDER – RETRIAL/REHEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal:

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The law is well settled that once there is denial of fair hearing, The only order this court can made is one of retrial or rehearing before the lower court to enable the Appellant be properly heard on the issue. See OTAPO V. SUMONU (1987) 12 NWLR (Pt. 58) 587; RASAKI SALU v. MADAM TOWURO EGEIBON (1994) 6 NWLR (Pt. 348) 23; ALHAJI SANI ABUBAKAR DANLADI V. BARR. NASIRU AUDU DANGIRI & 6 ORS. (2015) 2 NWLR (Pt. 1442) 124 and ONUWA KALU V. STATE (2017) 14 NWLR (Pt. 1586) 523 at 547. Per TIJJANI ABUBAKAR, JSC in WEMA BANK PLC V. ABRAHAM OLOTU (2022-LCER-46556-SC) at P. 27; Paras. B – E.

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JUDGMENT AND ORDER – RETRIAL/REHEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal

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