Ambassador Alh. Shehu Othman Malami, Ofr & Anor V. Imonkhuede Ohikhuare & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Appellant/Applicant herein brought this application praying for the following reliefs, that is:-

1. An order extending time within which the appellants/applicants shall seek for leave of honourable Court to appeal on grounds of mixed law and facts against the judgment of the Court of Appeal sitting in Abuja Division delivered on the 25th may, 2015 allowing Appeal No. CA/A370/2012.
2. An order granting leave to the appellants/applicants to appeal on grounds of mixed law and facts against the judgment of the Court Appeal sitting in Abuja Division in Appeal No. CA/A/370/2012 delivered on the 28th May, 2015 as contained in Grounds 3, 4, 5, 7, 9, 10, 11, 12 and 13 of the amended Notice and Grounds of Appeal.
3. An order extending time for the Applicants/Applicants to appeal against the said judgment in Appeal No. CA/A/370/2012 as it relates to Grounds 3, 4, 5, 7, 9, 10, 11, 12 and 13 delivered on the 28th May, 2015 on grounds of mixed law and facts.
4. An order granting leave to the Appellant/Applicants to amend their Notice and Grounds of Appeal dated 4th June, 2015 and

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filed on 5th June, 2015 by adding additional grounds 9, 10, 11, 12 and 13 as shown by the underling on Exhibit D.

5. An order deeming the Amended Notice and Grounds of Appeal dated the 19th January, 2016 and filed 22nd January, 2016 which contains additional grounds 9 to 13 as having been properly filed and served which is annexed as Exhibit D.
6. An order granting to the Appellants/Applicants leave to raise fresh issues not canvassed at the lower Court as contained in Grounds 9 to 13 of the Amended Notice and Grounds of Appeal.
7. An order extending time within which the Appellants/Applicants will file and serve their Appellants brief of argument. The proposed Applicants brief of argument. The proposed Applicants brief of argument is attached hereto as Exhibit E.

The application is supported by an affidavit. It is brought pursuant to Section 233 (3) of the 1999 Constitution, as altered, Section 27 (4) of the Supreme Court Act and the Orders 2 Rule 31(1), 8 Rules (4) and 12 of the Supreme Court Rules, and also under the inherent powers of this Court. The grounds upon which the application is predicated are stated

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on the motion paper filed on 22nd January, 2016.

The application was heard on 28th, 2017. All the respondents, except the 1st respondent, do not oppose the application. The 1st respondent, through Paul Erokoro, SAN specifically does not oppose reliefs 1, 2, 3 and 7 on the face of the motion paper. Mr. Erokoro, SAN of counsel to the 1st respondent categorically says that the 1st respondent opposes only reliefs 4, 5 and 6 sought by the applicant as the appellant. It is on this basis that Mr. Agi SAN, of counsel for the applicant prays that reliefs 1, 2, 3 and 7, not opposed, should be granted as prayed. Accordingly, the said reliefs 1, 2, 3 and 7, not opposed, are hereby granted as prayed. An order is hereby therefore granted extending the time within which the applicants shall seek leave of this Court to appeal on grounds of mixed law and facts against the judgment of the Court of Appeal sitting in Abuja Division delivered on 25th May, 2015 in the appeal No. CA/A/370/2012.

The appellants are hereby granted leave to appeal on grounds of mixed law and facts against the judgment of the Court of Appeal sitting in the Abuja Division in Appeal No.

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CA/A/370/2012 delivered on 28th May, 2015 as contained in grounds 2, 3, 4, 5, 7, 9, 10, 11, 12 and 13 of the Amended Notice and Grounds of Appeal, exhibited as Exhibit D in this application. An order extending time within the Applicants/Applicants may appeal against the said judgment in the Appeal No. CA/A/370/2012 delivered on 28th May, 2012, as it relates to Grounds 3, 4, 5, 6, 7, 9, 10, 11, 12 and 13 in the aforesaid Amended Notice and Grounds of Appeal on grounds of mixed law and facts is further granted. Even though the respondents do not oppose relief No. 7; that is, an order extending the time within the Appellants/Applicants may file and serve the Appellants Brief of Argument, attached as Exhibit D, I shall pause a while on it and come back to it anon.

The 3 reliefs opposed in the application are Reliefs 4, 5 and 6. They are in effect, to amend the Notice and Grounds of Appeal filed on 5th June, 2015 by the addition thereto of grounds 9, 10, 11, 12 and 13 contained in the Amended Notice and Grounds of Appeal, Exhibit D. Relief 5 specifically prays for an order deeming as properly filed and served the Amended Notice and Grounds of Appeal

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containing the additional grounds 9 to 13 as shown on Exhibit D. Relief 6 on the motion paper is the prayer for leave to the Appellants/Applicants “to raise fresh issues not canvassed at the lower Court as contained in Grounds 9 to 13 of the Amended Notice and Grounds of Appeal”, as shown on Exhibit D.