Local Government Service Commission Ekiti State & Anor V. Mr G. O. Asubiojo (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Lead Ruling)

By a Motion on Notice dated the 15th November, 2013 and filed on the same day, the Applicants sought for extension of time within which to seek leave to appeal against the decision of National Industrial Court sitting at Ibadan, which was delivered on the 26th day of November, 2012.

This Motion is predicated upon eight (8) Grounds and is supported by a five paragraphs Affidavit.

Annexed to the Affidavit are the judgment against which the Applicants seek to appeal, an enrolment order, letter addressed to the Governor of Ekiti State and the proposed Notice of Appeal which are marked Exhibit ‘A’, ‘B’, ‘C’ and ‘D’ respectively.

Mr. Gbemiga Daramola, Deputy Director, Law Review Department Ministry of Juctice, Ekiti State in arguing the application, relied on all the paragraphs of the supporting Affidavit and Exhibits attached thereto, particularly paragraphs 4 (c), (d) and (e).

Learned counsel reiterated the fact that the only reason for their failure to appeal within the prescribed period is the parties’ involvement in negotiation to settle the matter amicably out of Court.

Mr. O. O. Ayenakin who did not file a Counter-Affidavit, elected to oppose the Application on points of law. He submitted that the Applicants have failed to set forth in their supporting Affidavit good and substantial reasons for their failure to appeal within the prescribed period.

Paragraph 4 (c), (d) and (e) of the supporting Affidavit provides as follows:-

“4 that I stated thus:

(c) That the Appellants/Applicants applied to this Hon. Court (within time) for leave to appeal against the judgment which leave was granted on the 15th February 2013, the enrolment of order of this Hon. Court granting leave to the Appellants/Applicants to appeal against the lower Court judgment dated 26th of November, 2012 is herewith attached and marked as EXHIBIT ‘B’

(d) That the Respondent sought for the amicable settlement of this Appeal out of Court which the Appellants/Applicants considered and this necessitated the Applicants/Applicants to put the filing of the Notice of Appeal on hold, Certified True Copy of the letter written by the Respondent’s counsel dated 2nd March, 2013 is herewith attached and marked EXHIBIT C.

(e) That considering the unfolding events and the circumstances surrounding this Appeal, the Appellants/Applicants are of the opinion that parties can no longer settle the Appeal out of Court.”

Application for extension of time to appeal is governed by Order 7 Rule 10 (2), of the Court of Appeal Rules, 2011, which Provides as follows:-

“Every application for an enlargement of time within which to appeal, shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard…”