E.B. Ukiri V. Economic And Financial Crimes Commission (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This first motion was filed on the 10th March, 2017 wherein the appellant/applicant seeks an order of this Court setting the appeal for hearing on the appellant’s brief of argument alone, the respondent having willfully neglected to file and serve the respondent’s brief of argument.

The grounds for this application are:

(a) The time within which to file and serve the respondent’s brief as required by the 2013 Practice Directions of the Supreme Court has lapsed.

(b) This appeal involves the Economic and Financial Crimes Commission whose appeals are to enjoy expedited hearing in this Honourable Court.

The application is supported by a six (6) paragraph affidavit deposed to by Okparaki, Legal Practitioner in the Law Firm of E. B. Ukiri & Co.

The appellant’s brief of argument in the appeal was filed on 19/10/2013.

The respondent filed a Counter Affidavit deposed to by Chinedu Ogbu, detective with the respondent. It is a counter affidavit of 14 paragraphs.

The respondent, Economic and Financial Crimes Commission (EFCC) filed a motion on

1

11/5/17 praying for the following orders:

(a) An Order setting aside the Record of Appeal compiled by the appellant.

(b) An Order compelling the Registrar of the Court of Appeal to come up with the authentic Record of Appeal.

(c) And for such other Order or Orders as the Honouroble Court may deem fit to make in the circumstances.