Hon. Justice S. Oyejide Falola v. National Judicial Council (NJC) & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABBA BELLO MOHAMMED, JCA (Delivering the lead ruling)

By a motion on notice filed on 31st October, 2024, the appellant brought this application before this court praying for the following orders:

1. An order of this honourable court granting leave to the appellant/applicant to appeal against the judgment of the National Industrial Court in Hon. Justice S. Oyejide Falola v. National Judicial Council (NJC) & 2 Ors. in suit No: NICN/ABJ/CS/04/24 delivered on the 8th July, 2024 on grounds outside questions of fundamental rights as contained in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999.
2. And for such further order(s) as this honourable court may deem fit to make in the circumstances.

The appellant/applicant’s application is predicated on seven (7) grounds, which were:

1. That the National Industrial Court of Nigeria, Abuja Division on the 8th July, 2024 delivered a judgment in respect of NICN/ABJ/CS/04/2024 Between Hon. Justice S. Oyejide Falola v. National Judicial Council (NJC) & 2 Ors., per Hon. Justice O. A. Obaseki-Osaghae.
2. That in delivering the judgment, the court affirmed the suspension of the appellant/applicant as a judicial officer and the recommendation for compulsory retirement from High Court Bench of Osun State.
3. The appellant/applicant is grossly dissatisfied with the said judgment of the 8th July, 2024 has therefore filed an appeal against it.
4. The proposed grounds of appeal contains substantial and arguable grounds of law particularly the statutory powers of the 1st respondent to assume disciplinary powers over State High Court Judges without reference to the State Judicial Service Commission.
5. The appellant/applicant now requires leave of this honourable court to appeal by virtue of section 243(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
6. The appellant/applicant has adhered to all procedural requirements and time limits as prescribed by the rules of the Court of Appeal.
7. It is in the interest of justice and fair hearing to grant this application.

In support of the application is a fourteen (14) paragraph affidavit attached to which were three (3) exhibits marked exhibits A, B, and C. The exhibits were a certified true copy of the said judgment of the National Industrial Court of Nigeria delivered on the 8th July, 2024, a proposed notice of appeal and an acknowledgement copy of the application for compilation and transmission of record, respectively.

The learned senior counsel for the appellant/applicant Ayotunde Ogunleye, SAN also filed a written address on the 31st of October, 2024 which he adopted as his oral argument in support of the application.

In his written address, learned senior counsel for the appellant/ applicant raised a sole issue for determination, viz:

Whether from the facts and circumstances of the application, the appellant/applicant is entitled to the reliefs sought as contained in the motion on notice.

Arguing the sole issue, learned counsel for the appellant/applicant submitted that by virtue of section 243(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the applicant needs the leave of this court to appeal against the judgment of the National Industrial Court on ground other than fundamental rights.

He added that the appellant/applicant is within time to apply for the leave of this court to appeal the said judgment. Counsel submitted that the grant of leave to appeal is at the discretion of the court which discretion must be exercised judiciously and judicially. He referred to the cases of Skye Bank Plc v. Iwu (2018) 6 WRN 1, and Minister P.M.R. v. E.L. (Nig.) Ltd. (2010) 12 NWLR (Pt. 1208) 261 at 294, paragraphs G – H. Counsel referred to paragraphs 4(i – xiii) of the affidavit in support and exhibits A – C attached thereto, and submitted that sufficient materials have been placed to enable the court exercise its discretion in favour of the appellant/ applicant. He finally urged the court to grant the appellant/applicant’s application in the interest of justice.

None of the respondents filed a counter affidavit to the application. However, on the 22nd of January, 2025 when the application came up for hearing, the learned senior counsel for the 1st respondent, Sanusi Musa, SAN challenged the competence of the application and the jurisdiction of this court to entertain same. The learned Silk contended that by section 243(3) of the 1999 Constitution, the applicant has a right to seek leave to appeal.

But he pointed out that the judgment of the lower court which he seeks to appeal against was delivered on 8th July, 2024, while this application was filed on 30th October, 2024. He argued that by section 24(2)(a) of the Court of Appeal Act, the applicant had three months to seek leave to appeal and this application was filed beyond the three months allowed.

Learned senior counsel also submitted that even if it is assumed, though not conceded, that the application was filed within time, it would still be incompetent since it was not taken within the three months allowed. He posited that from July, 2024 to January, 2025 is more than the 3 months allowed. He relied on Re: Madaki (1996) 7 NWLR (Pt. 459) 153. He pointed out that the application has not trinity prayers and this court has no jurisdiction to grant same.

On the part of the 2nd and 3rd respondents, Bisi Babalola, Esq. of the Ministry of Justice, Osun State, had no objection to the application.

Responding to the 1st respondent’s challenge to the competence of the application and the jurisdiction of this court to entertain same, learned senior counsel for the appellant/applicant, Ayotunde Ogunleye, SAN submitted that the rules of this court exempts vacation, public holidays and non-juridical days from the computation of time.