provisions for redress. He further contended that the appropriate
procedure is to file Form 48 in the Judgment Enforcement Rules. To
her, the Applicant’s action in this suit is essentially one and the
same thing with the one the Applicant brought before Nigerian
Municipal Courts. He urged the Court to follow its decision in ALIYU
TASHEKU Vs FEDERAL REPUBLIC OF NIGERIA (2012) Judgment N°
ECW/CCJ/RUL/12/12.
Similarly, the Defendant also relied on the decision in ALHAJI
HAMMANI TIDJANI Vs FEDERAL REPUBLIC OF NIGERIA & 4 ORS
Suit No: ECW/CCJ/APP/01/06 P. 77 at 79.
The crux of the decision in these cases is that this Court cannot retry
a case on which a judgment of the domestic Court of a member
State has already been delivered against which no contestation has
been raised.
She finally, on this count, submitted that the Applicant is tried
under an existing Nigerian Domestic law as such he cannot properly
file this suit before this Honourable Court.
Furthermore, the Defendant argued that the Application was
initiated by a wrong procedure and as such incompetent, thereby
divesting this Court of jurisdiction to adjudicate on the same. To
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