Chief Akowa Nwako & Ors V. The Governor of Rivers State of Nigeria & Ors (1988)

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OWOLABI KOLAWOLE, J.C.A.

On the 14th November, 1988 when this appeal came up for hearing, learned counsel for the 3rd to 8th respondents, Mr.C. A. B. Akparanta, raised a preliminary objection to grounds 2, 3, 4 and 5 of the grounds of appeal on the ground that the grounds of appeal contravene the provisions of Order 3 rule 2(2) of the Court of Appeal Rules 1981. Order 3 rule 2(2) enacts that –

”If the grounds of appeal allege misdirection or error in law the particulars and the nature of the misdirection or error in law shall be clearly stated.”

Learned counsel referred to the cases of

(1) Anyaoke & Ors. v. Felix Adi & Ors. (1986) 3 N.W.L.R. (Part 31) 731, 741.

(2) Ifediorah & Ors. v. Ume & Ors. (1988) 2 N.W.L.R. (Part 74) page 5.

(3) Onuma & Anor. v. E. Nwokoro & Ors. (1987) 1 N.W.L.R. (Part 48) 149.

(4) V. Okorie & Ors. v. P. Udom & Ors. (1960) 5 F.S.C. 162.

Mr. Akparanta submitted that all the grounds to which reference has been made do not state clearly –

(1) the particulars of the error in law alleged

(2) the nature of the error alleged.

Learned counsel asked that the grounds of appeal should be struck out in accordance with Rule (4) of Order 3.

Now, I think that the grounds of appeal against which Mr. Akparanta has seriously complained should be set out having regard to the submission of Mr. Nwanodi, learned counsel for the appellants.

The grounds are set out hereunder: