Hon. (Mrs) Anthonia Tabansi -okoye V. Hon. Lynda Chuba-ikpeazu & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH EYO?EKANEM, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated 9/11/2015 and filed on 11/11/015, the applicant prays for a grant of the following prayers:

“1. An order of this Honourable Court of Appeal granting to the Applicant herein leave to appeal as an interested person/party affected by the judgment of Federal High Court, Abuja Division Coram Hon. Justice A. F. Ademola delivered on 25th June, 2015 in Suit No- FHC/ABJ/CS/254/2015 between Hon. LYNDA CHUBA-IKPEASU V. PEOPLES DEMOCRATIC PARTY & 3 ORS.

  1. An order of this Honourable Court extending the time within which the Applicant shall seek leave of this court to appeal against the judgment of Federal High Court, Abuja Division Coram Hon. Justice A. F. A Ademola delivered on 25th?June, 2015 in suit No. FHC/ABJ/CS/254/2015 between Hon. LYNDA CHUBA- IKPEAZU V. PEOPLE’S DEMOCRATIC PARTY & 3 ORS.
  2. An order of this Honourable Court granting the applicant leave to appeal against the judgment of Federal High Court, Abuja Division Coram Hon. Justice A. F. A. Ademola delivered on 25th?June, 2015 in Suit No.

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FHC/ABJ/CA/254/2015 between Hon. LYNDA CHUBA-IKPEAZU V. PEOPLES DEMOCRATIC PARTY & 3 ORS.

  1. An order of this Honourable Court enlarging the time within which the applicant shall appeal against the judgment of Federal High Court, Abuja Division Coram Hon. Justice A. F- A. Ademola delivered on 25th June, 2015 in Suit No. FHC/ABJ/CS/254/2015 between Hon LYNDA CHUBA-IKPEAZU V. PEOPLES DEMOCRATIC PARTY & 3 ORS.
  2. And for such further/other orders as this Honourable Court may deem fit to make in the circumstances”.

The grounds for the prayers are set out in the motion paper and are numbered (1) to (24).

The application is supported by:

(i) a 48 – paragraph affidavit deposed to by the applicant with Exhibits A, B, C, D, E, F1, and F2 attached;

(ii) a written address titled Applicant’s Brief of Argument” dated 9/11/2015 and filed on 11/11/2015;

(iii) a further and better affidavit of 15 paragraphs deposed to by one Evelyn Ihuaralam, a litigation officer in the law firm of Ifeanyi M. Nrialike & Co (the law firm representing the

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applicant) with Exhibit G1, G2, H and I attached to it; and

(iv) a reply on points of law dated and filed on 27/11/2015.

In opposing the application the 1st respondent filed the following processes:

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