primary. He submitted that there is a presumption that the decision is correct and that no cogent reason has been advanced to set it aside. He urged the court to dismiss the appeal and affirm the judgment of the lower court. IBRAHIM K. BAWA ESQ. adopted and relied on his brief of argument and stated that the 4th respondent had not taken a position in the appeal and would be bound by whatever decision the court shall reach in the matter. Issue 1 In support of the appellant's contention that he was denied fair hearing, J.B. DAUDU, SAN referred to the proceedings of the lower court as contained at pages 275 F - 275 I of volume 3 of the printed record and submitted that the appellant's complaint is that the lower court in one breath struck out the 1st respondent's (now appellant's) application for leave to file his brief of argument out of time and shortly afterwards, when the appeal was to be argued, in the absence of the appellant resuscitated the brief and treated it as having been argued. He argued that the resultant judgment was irredeemably bad and a nullity. He set out the relevant portion of the court's proceedings and contended that the court below tainted its judgment and the entire proceedings before it, by
primary. He submitted that there is a presumption that the decision is correct and that no cogent reason has been advanced to set it aside. He urged the court to dismiss the appeal and affirm the judgment of the lower court. IBRAHIM K. BAWA ESQ. adopted and relied on his brief of argument and stated that the 4th respondent had not taken a position in the appeal and would be bound by whatever decision the court shall reach in the matter. Issue 1 In support of the appellant's contention that he was denied fair hearing, J.B. DAUDU, SAN referred to the proceedings of the lower court as contained at pages 275 F - 275 I of volume 3 of the printed record and submitted that the appellant's complaint is that the lower court in one breath struck out the 1st respondent's (now appellant's) application for leave to file his brief of argument out of time and shortly afterwards, when the appeal was to be argued, in the absence of the appellant resuscitated the brief and treated it as having been argued. He argued that the resultant judgment was irredeemably bad and a nullity. He set out the relevant portion of the court's proceedings and contended that the court below tainted its judgment and the entire proceedings before it, by