Ikwuano Local Government Council V. Hon Ikechukwu C. Owobe & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Lead Ruling)

This is a motion brought pursuant to Order 6 Rule 15 of the Court of Appeal Rules, 2011. The Motion dated the 28th day of October, 2014 but filed on the 29th October, 2014 prays for the following orders:-

“1. An Order for leave to amend the Notice of Appeal filed by the Appellant in this case dated the 24th day of September, 2014 and filed on the same date of the Court below (that is National Industrial Court Owerri to wit) by ADDING AN ADDITIONAL GROUND OF APPEAL as set out in the Proposed Amended Notice of Appeal.

“2. An Order for leave of this Honourable Court to Deem the Amended Notice of Appeal as properly filed and served. AND FOR SUCH FURTHER ORDER OR other ORDERS as the Honourable Court may deem fit to make in the circumstances.”

?In support of the Application is an Affidavit of twelve (12) paragraphs deposed to by Greg Chikezie, male, adult, Christian and Deputy Director Legal Drafting Department, Ministry of Justice Abia State of Nigeria. Annexed to the Motion Paper and Supporting Affidavit are the Original Notice of Appeal marked Exhibit ?A?, the

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Judgment of the National Industrial Court per Hon. Justice O.Y. Anuwe (Exhibit ‘B’) and the Proposed Amended Notice of Appeal dated the 28th of October, 2014 marked Exhibit ‘C’.

The Applicants also filed a clean copy of the Amended Notice of Appeal on the 29th day of October, 2014. Upon being served with the Motion on Notice, the Respondents filed no Counter-Affidavit but indicated that they would oppose the Appellant/Applicant?s Motion purely on points of Law only. Accordingly, parties were ordered by this Honourable Court to file their respective Written Addresses to articulate their disparate positions on the merits or demerits of the Application.

Accordingly, the Appellants/Applicants’ Written Address dated the 30th day of September, 2015 was filed same date. The Respondents on their part filed their Written Address dated the 9th day of October, 2015 on the 13th day of October, 2015. On the 21st day of October, 2015, the respective Learned Counsel for the parties adopted their Written Addresses of the hearing of the Motion.

?The Ruling in this Application would have been delivered earlier on but for our engagement in Election Petition

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Appeals.

ARGUMENTS OF COUNSEL ON THEIR RESPECTIVE ADDRESSES.

In the Address of the Appellant/Applicant Greg Chikezie DDPP, Ministry of Justice Abia State who settled same formulated two issues for determination couched as follows: