Alhaji Muhammad Seyoji Ahmad V. The Government Of Gombe State & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Lead Ruling)

In this application No. CA/J/216M/2012, the applicant, Alhaji Muhammad Seyoji Ahmad, is Praying the Court for the following orders:

(a) Extension of time within which to seek leave to appeal on grounds of facts and mixed law and facts against the ruling of the Gombe State High Court, Gombe, delivered on the 20th of January, 2012 in Suit No.GM/97/2011 between Alhaji Muhammad Seyoji Ahmad Vs. The Government of Gombe State & 2 Ors.

(b) Leave to appeal on grounds of facts and mixed law and facts against the aforesaid ruling.

(c) Extension of time within which to file the Notice and Grounds of Appeal on grounds of facts and mixed law and facts against the aforesaid ruling in terms of the attached Notice and Grounds of Appeal.

(d) AND for such further order(s) as this Honourable Court may deem fit to made in the circumstances.

The application is predicated on the following grounds.

(1) The applicants Suit No.GM/97/2011 was struck out by the lower court on 20/01/2012.

(2) The applicant’s Counsel that was handling this matter filed a fresh Suit No.GM/35/2012 between the same parties instead of filing an appeal against the lower Court’s ruling of 20/01/2012. The lower Court struck out the Suit No.GM/35/2012 on 26/9/2012.

(3) The applicant now prays for extension of Ume within which to seek leave to appeal, leave to appeal and extension of time within which to file the Notice of Appeal against the ruling of 20/01/2012 in the terms of the proposed Notice and Grounds of Appeal, Exhibit ‘C’.

(4) This Honourable Court has power to grant this application and hear the appeal on the merit.

The facts and events culminating to filing of this application as assembled from the affidavits; counter-affidavits and the Reply thereto are thus: The applicant was Emir of Pindiga in Gombe State. The 1st Respondent deposed him on the 12th day of May, 2004. The applicant did not challenge his deposition until 29th August, 2011 when he instituted a legal action before the lower court. The Respondent objected to the competency of the action on the ground that it was statute barred by virtue of the provisions of Section 2(a) of the Public Officers (Protection) Law, Cap 127, Law of Bauchi State and Section 18 of the Limitation Edict (Law) Cap 84 Laws of Bauchi State, 1991.

The lower court upheld the preliminary Objection and struck out the said Suit on 20th January, 2012. On 22nd March, 2012, the applicant by an originating Summons filed another Suit No.GM/35/2012 against the Respondents seeking for the determination of questions related to and or involving his deposition by the Respondents. Again the Respondents raised objection to the competency of this suit on the ground that apart from being statute barred it was initiated by a wrong court process.

The lower court upheld this objection and struck out the suit on 29th September, 2012. Dissatisfied with the ruling of 20th January, 2012, the applicant decided to appeal against it. To this end, he is seeking the aforesaid orders (reliefs) to enable him appeal, hence the filing of this application before this Court.