Federal Republic Of Nigeria V. Frank Amah & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Lead Ruling)

The appellant filed a motion on notice dated the 26th April, 2013 wherein it prayed for the following orders:-

(1) An order of this Honourable court granting leave to the Appellant/Applicant to compile and file a supplementary Record of Appeal.

(2) An order deeming the Appellant’s supplementary Record of Appeal already filed as properly filed and served.

(3) And for such further order or orders as this honourable court may deem fit to make in the circumstance.

The grounds for the application are as follows:-

(a) That the Registrar of the lower court has initially compiled and transmitted the Record of Appeal in line with the Rules of this honourable court.

(b) That upon studying the Record of Appeal, the Appellant/Applicant discovered that there were errors in the recording of the proceedings of the trial court dated 15th day of May 2008.

(c) That the Appellant/Respondent (sic) deposed to an affidavit to correct the said record of Appeal.

(d) That there is therefore need to compile and transmit a supplementary Record of Appeal to enable all the Records of the lower court to be before this Honourable court and for a just determination of this appeal.

The application is supported by a 6 paragraph affidavit sworn to by one Owodunni Oluwatoyin A., a legal officer with the EFCC.

Attached to the affidavit as Exhibit ‘A’ is the said supplementary record.

In opposing the application, the Respondents filed an 18 paragraph counter affidavit and attached three documents marked Exhibits A, B and C. respectively. They are:- a 14 paragraph counter affidavit dated 26-3-2013; a notice of preliminary objection also dated and filed on 26-3-2013 and the record of proceedings in the lower court held on 15-5-2008.

The Appellant also filed a further affidavit of 9 paragraphs.