Comptroller, Nigerian Prisons Services, Ikoyi, Lagos & Ors V. Dr. Femi Adekanye & Ors… (2002)

LAWGLOBAL HUB Lead Judgment Report

O. EJIWUNMI, J.S.C.

This appeal is against the ruling of the court below delivered on the 6th of July, 1999. The ruling was delivered sequel to an application brought before that court by the respondents who were the applicants in that court. By their several applications, they sought for the following reliefs: –

“(1) Praying this honourable court to vary its order contained in the judgment of this court dated the 15th of June, 1999.

(2) Praying the Court of Appeal to grant bail to the respondents/applicants.

ALTERNATIVELY

(3) An order of this honourable court directing the lower court to release the respondents on bail.”

The application was opposed by the appellants, who were respondents in the court below, After receiving arguments from learned counsel who appeared for the parties, the court below delivered a considered ruling.

In the course of the ruling, the court below per Oguntade, JCA, said inter alia, thus: –

“I must say that I do not see the application before me as an attempt to alter, vary or otherwise reverse the orders made by this court in its judgment of 15-6-99, Although the application employed the words “to vary its orders”, I think the essence and pith of the application is that the applicants be admitted to bail. In the judgment of 15/6/99, we had directed that the applicants be admitted to bail. If in the present application, the applicants were asking for their unconditional release, that would amount to a variation, I think it is more appropriate to say that the applicants are seeking from this court a consequential order arising from the failure of the 3rd respondent to comply with the order of this court that the applicants be arraigned before the Federal High Court”. The court below after reference to some authorities, then proceeded to grant bail to the applicants, It is against this ruling that this appeal was filed to this court by the appellants, The respondents also, being dissatisfied with the ruling of the court below, filed a cross appeal. Pursuant to their appeal, the appellants filed the following grounds of appeal.

They read without their particulars, thus: –

(I) The learned Justices of the Court of Appeal seriously erred in law in assuming jurisdiction to reverse part of its judgment delivered on the 15th June, 1999, entrusting the grant of bail to the respondents on the Federal High Court.

(2) The learned Justices of the Court of Appeal seriously erred in law in granting bail to the respondents when they clearly lacked the power and jurisdiction to do so,”

The grounds of appeal of the cross appellants are also reproduced without their particulars, thus:

“(1) The learned Justices of the Court of Appeal erred in law in not varying the consequential orders made in their judgment dated 15/06/99 when there was before them the prerogative order of prohibition dated 09/02/99 made by the High court of Lagos forbidding further proceedings in the various criminal charges preferred against the appellants before the failed banks tribunals.