First Bank Of Nigeria Plc v. Nimex Petrochemicals Limited (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the lead ruling)

By the instant application, filed on 13th November, 2019, the appellant/applicant herein has sought the trinity prayers for the following orders:

1. An order extending time in this appeal (i.e appeal No: SC/485/2018) within which the appellant/applicant is to seek leave to appeal against the decision of the Court of Appeal, Abuja Division, delivered on 26th April, 2018 (in appeal No. CA/A/14A/2016) on grounds of mixed law and facts and facts as shown in grounds 1, 2, and 8 of the appellant’s notice of appeal dated 17th May, 2018, attached as exhibit A to the affidavit in support of this motion on notice.
2. An order granting leave to the appellant/applicant to appeal against the decision of the Court of Appeal, Abuja Division, delivered on 26th April, 2018 (in appeal No.: CA/A/14A/2016) on grounds other than grounds of law alone (i.e grounds of mixed law and fact and/ or facts) as shown in grounds 1, 2, and 8 of the appellants notice of appeal attached as exhibit A to the affidavit in support of this motion on notice.
3. An order extending time in this appeal (i.e appeal No: SC/485/2018) within which the appellant/applicant is to appeal against the decision of the Court of Appeal, Abuja Division, delivered on 26th April, 2018 (in appeal No.: CA/A/14A/2016) on grounds other than grounds of law alone (i.e grounds of mixed law and fact and/or facts) as shown in grounds 1, 2, and 8 of the appellants notice of appeal attached as exhibit A to the affidavit in support of this motion on notice.

The application is supported by 18 paragraphed affidavit deposed to on November 7, 2019 by Samuel Onah, a legal practitioner in the law firm of Joseph Nwobike & Co; counsel to the applicant. Attached to the said affidavit, is the applicant’s written brief in support of the application and various other documents marked as exhibits A, B, C, and D respectively.

Contrariwise, the 1st and 2nd respondents, in vehement reaction to the application, deemed it expedient to file a 21 paragraphed counter affidavit, deposed to by Celestine Ezeokeke, a legal practitioner in the Ikwueto Law Firm. Attached to the said counter affidavit, are various documents, including two Judgment orders of the trial Federal High Court, Abuja Judicial Division marked as exhibits 1 and 2, and a written address in opposition to the application, respectively.

On November 21, 2022, when the application ultimately came up for hearing, the learned counsel addressed the court, thereby resulting in reserving the ruling to today.

I have amply considered the nature and circumstances surrounding the present application vis-a-vis the submissions of the learned counsel, contained in the respective written addresses thereof. As copiously alluded to above, the application is pursuant to the provisions of section 233(2) (a) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Order 6 Rules 1 and 2 of the Supreme Court Rules, 1985 as amended.

Invariably, by virtue of the provisions of section 233(2) (a) of the 1999 Constitution, as amended, the Supreme Court shall have exclusive jurisdiction to entertain, hear and determine appeals from the Court of Appeal as of right in the following cases:

(a) Where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;

(b) Decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution.

(c) Decisions in any civil or criminal proceedings on question as to whether any of the provisions of Chapter iv of this Constitution has been, is being or is likely to he, contravened in relation to any person;

(d) Decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other court;

(e) Decisions on any question:

(i) Whether any person has been validly elected to the office of President or Vice-President under this Constitution.

(ii) Whether the term of office of President Vice-president has ceased,