All Nigeria Peoples Party V. Dr. Ahmed Mohammed Salik & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Ruling)

This is an Application dated the 12th day of November 2009 and filed on the same date. The Appellant/Applicant prayed for the following orders:-

“(1) Varying or setting aside the Order of this Honourable Court dated 4th June 2009 adjourning the Appeal for hearing against 30th November 2009.

(2) Leave to amend the Notice of Appeal dated 11th April 2007 by adding ten additional Grounds of Appeal shown in Exhibit 3 attached to the Affidavit in support of this Motion paper.

(3) Amending the Notice of Appeal dated 11th April 2007 by adding ten additional Grounds of Appeal shown in Exhibit “3” attached to the Affidavit in support of this Motion Paper.

(4) Leave of this Honourable Court to raise fresh issues of jurisdiction, competence of Court and Fair Hearing contained in Grounds 6 to 15 in Exhibit 3 attached to the Affidavit in support of the Motion Paper.

(5) Renumbering the Amended Notice of Appeal in a chronological order starting from the original Grounds of Appeal to the additional Grounds of Appeal and in the manner shown in Exhibit 4 (totaling 15 Grounds) attached to the Affidavit in support of the Motion Paper.

(6) Deeming the Amended Notice of Appeal as properly filed and served upon payment of appropriate filing fees.

(7) Directing the Amended Notice of Appeal to form part of the record of proceedings in this Appeal.

(8) Substituting or subjoining the Appellant’s Brief of Argument dated 4th June 2008 in this Appeal with an entirely different Appellant’s Brief of Argument No. 2 herein attached as Exhibit 6.

(9) Deeming as properly filed and served the Appellant’s Brief of Argument No. 2 upon payment of appropriate filing fees.

AND for such further Order or other Orders as this Honourable Court may deem fit to make in the circumstances of this application.”

The Grounds upon which the Application is brought includes:-

“(i) The Appellant has just briefed Nureini Jimoh Esq. of Nureini Jimoh Chambers, a new Counsel who reviewed the entire case and saw the need for amendment of the Notice of Appeal and re-prepared the Appellant’s Brief of Argument in line with the new Notice of Appeal.