Alhaji Abdulkadir Balarabe Musa V. Auta Hamza & Ors (1982) LLJR-SC

Alhaji Abdulkadir Balarabe Musa V. Auta Hamza & Ors (1982)

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 This is a matter in which counsel has been instructed to appeal. There are rules of the Supreme Court of Nigeria which govern the procedure. No justifiable reason had been given why these rules have not been followed.

There is no merit in the application and it is hereby refused with N25 costs.M. BELLO, J.S.C.:  I agree there is no merit shown in both applications. No exceptional circumstances shown for extension of time to file the brief and the judgment of the Court of Appeal has not been exhibited for the application to amend and argue additional grounds of appeal.

The application is dismissed with N25 costs to the respondents.

C. IDIGBE, J.S.C.:  I agree that the applications be dismissed. In so far as the prayer for leave to amend ground of appeal is concerned, I find no material on which to base the exercise of my discretion since the judgments which this appeal seeks to challenge have not been exhibited with this application.

With reference to the prayer for enlargement of time within which to file a brief, I see no reason in this particular application why the Practice Directions recently issued by the Chief Justice and this court should not be strictly applied; there being no exceptional circumstances which justify a departure from these rather stringent Directions. In the event, I am of the firm view that both applications lack merit and are accordingly refused. N25 costs on each application.


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