8. The Court considers the production of the Order made by the Federal High Court,
Abuja, to be new evidence, which relates to the situation referred to under Article
37 of its Rules of Procedure, which provides that:
“1. In reply or rejoinder, a party may offer further evidence. The party
must, however, give reasons for the delay in offering it.
2. No new plea – in – law may be introduced during the course of
proceedings unless it is based on matters of law or fact which come to
light in the course of the procedure.
3. If in the course of the procedure, one of the parties puts forward a
new plea – in – law which is so based, the President may, even after
the expiry of the procedural time – limits, acting on a report of the
Judge – Rapporteur and after hearing the parties, allow the other
party to answer on that plea.
4. The decision on the admissibility of the plea shall be reserved for
the final judgment.”
9. The Court recalls that since the production of copy of the said Order, Counsel to
Applicant was duly served and had the opportunity to react to this new evidence
at the hearing of 1st November 2012, which he did not attend, and failed to make
any observation thereto.
10.The Court also recalls that parties filed in their final writs, on the merit of the
case, before the present Judgment; it therefore considers that the conditions
stated under Article 37 (2) and (3) of its Rules are met, and that, pursuant to
paragraph 4 of the said Article, it can now examine the admissibility or otherwise,
of the new evidence.
i) As to admissibility of the Order made by the Federal High Court, Abuja
11.The Court wishes to note that the existence of an Order made by the Federal High
Court, Abuja, constitutes very crucial information, for a just consideration of the
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