Alhaji Yekini Jimoh V. The Hon. Minister Federal Capital Territory & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Appellant/Applicant, through his Counsel Mr. lgbokwe, SAN, is vide application filed on 21st June, 2016 seeking the following reliefs –

1. AN ORDER of this Honourable Court extending the time within which the Appellant/Applicant may compile and transmit to this Honourable Court from the Court of Appeal, Abuja Judicial Division, Abuja, the Record of Appeal in respect of his Notice of Appeal dated and filed on the 2nd day of July, 2015 against the Judgment of the Court of Appeal, Abuja Judicial Division, Abuja delivered on the 1st day of July, 2015, by his Lordships; Honourable Justice Moore A. A. Adumein, Honourable Justice T. Akomolafe Wilson, Honourable Justice Tani Yusuf Hassan in Appeal No. CA/A/26A/2012 between Alhaji Yekini Jimoh vs. The Honourable Minister Federal Capital Development Authority, Alhaji Baba Mustapha (suing through his authorized Attorney/Representative Alhaji Mohammed Sani Musa, the six months period allowed by the Supreme Court Rules, 1985 (as amended) for the Registrar of the Court of Appeal, Abuja Judicial Division, Abuja and the

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14 (fourteen) days allowed for the Appellant/Applicant, to compile and transmit the said Record of Appeal to this Honourable Court, by the Supreme Court Rules, 1985 (as amended), having expired.

2. AN ORDER of this Honourable Court extending the time within which the Appellant/Applicant may serve the Record of Appeal in respect of his Notice of Appeal dated and filed on the 2nd day of July, 2015 against the Judgment of the Court of Appeal, Abuja, Judicial Division, Abuja, delivered on the 1st day of July, 2015, by his Lordships; Honourable Justice Moore, A. A. Adumien, Honourable Justice T. Akomolafe Wilson, Honourable Justice Tani Yusuf Hassan in Appeal No. CA/A/26A/2012 between Alhaji Yekini Jimoh vs. The Honourable Minister Federal Capital Territory, Federal Capital Development Authority, Alhaji Baba Mustapha (suing through his authorized Attorney/Representative Alhaji Mohammed Sani Musa, the period allowed by the Supreme Court Rules, 1985 (as amended) for the Appellant/Applicant to serve the said Record of Appeal on the Respondents having expired.
3. AN ORDER of this Honourable Court deeming the Record of Appeal already compiled and transmitted

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to this Honourable Court and served on the Respondents by the Appellant/Applicant through the Appeal Section of the Court of Appeal, Abuja Judicial Division, Abuja, as having been properly compiled, transmitted, filed and served but with liberty to any of the parties to file and serve an Additional Record of Appeal, if need be.

4. AN ORDER of this Honourable Court granting the Appellant/Applicant extension of time within which to seek leave to appeal to this Honourable Court against the Judgment of the Court of Appeal, Abuja Judicial Division, Abuja, delivered on the 1st day of July, 2015 by his Lordships; Honourable Justice Moore A. A. Adumien, Honourable Justice T. Akomolafe Wilson, Honourable Justice Tani Yusuf Hassan in Appeal No. CA/A/26A/2012 between Alhaji Yekini Jimoh vs. The Honourable Minister Federal Capital Territory, Federal Capital Development Authority, Alhaji Baba Mustapha (suing through his authorized Attorney/Representative Alhaji Mohammed Sani Musa, on grounds other than of pure law, the time within which the Appellant/Applicant could seek leave to appeal against the said Judgment of the Court of Appeal having expired.

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AN ORDER of the Honourable Court granting the Appellant/Applicant leave to Appeal to this Honourable Court against the Judgment of the Court of Appeal, Abuja Judicial Division, Abuja delivered on the 1st day of July, 2015, by his Lordships; Honourable Justice Moore A. A. Adumein, Honourable Justice T. Akomolafe Wilson, Honourable Justice Tani Yusuf Hassan in Appeal No. CA/A/26A/2012 between Alhaji Yekini Jimoh vs. The Honourable Minister Federal Capital Territory, Federal Capital Development Authority, Alhaji Baba Mustapha (suing through his authorized Attorney/Representative Alhaji Mohammed Sani Musa, on the grounds other than of pure law.

6. AN ORDER of the Honourable Court granting the Appellant/Applicant extension of time within which to Appeal to this Honourable Court against the Judgment of the Court of Appeal, Abuja Judicial Division Abuja, delivered on the 1st day of July, 2015, by his Lordships; Honourable Justice Moore A. A. Adumein, Honourable Justice T. Akomolafe Wilson, Honourable Justice Tani Yusuf Hassan in Appeal No. CA/A/26A/2012 between Alhaji Yekini Jimoh vs. The Honourable Minister Federal Capital Territory, Federal Capital Development

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Authority, Alhaji Baba Mustapha (suing through his authorized Attorney/Representative Alhaji Mohammed Sani Musa, time within which the Appellant/Applicant could appeal against the said Judgment having expired.

7. AN ORDER of the Honourable Court granting leave to the Appellant/Applicant to amend his Notice of Appeal including filing additional grounds of appeal in the manner indicated in the Proposed Amended Notice of Appeal already filed and served on the Respondents.
8. AN ORDER of the Honourable Court deeming the Amended Notice of Appeal already filed and served on the Respondent as properly raised, filed and served subject to the payment of filing fees thereon.
9. AN ORDER of this Honourable Court incorporating the Amended Notice of Appeal as part of the Record of Appeal subject to the payment of filing fees on the Amended Notice of Appeal by the Appellant/Applicant.
10. AN FOR SUCH FURTHER ORDERS OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.

He has also, in the application put forward the underlisted grounds for seeking the indulgence. That is –

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By Section 6(6), 36(1) and 233(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), this Honourable Court has powers to hear and determine an application for trinity prayers and for extension of time to compile and transmit record of appeal.

B. The Appellant/Applicant’s application is predicated on a Notice of Appeal and grounds of appeal raised some constitutional jurisdictional issues and they constitute special and exceptional circumstances upon which if leave is granted the appeal may succeed.