Nigeria Security & Civil Defense Corps V. Ujo Agbor Uzoma Simeon & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Lead Ruling)

This is an application brought pursuant to Order 6 Rule 4 and 15 of the rules of this Court, 2011, and the inherent jurisdiction of the Court; for leave to amend the Notice of Appeal dated 25th, and filed on the 29th of September, 2013, and any such order as this Court may deem fit to make in the circumstance.

The grounds of bringing the application are:

1. After the filing of the original notice of appeal and appellant’s brief of argument, there was a change of counsel as Chief A.S. Awomolo SAN was briefed to take over the appeal;
2. A close review of the judgment of the lower Court and the grounds of appeal and subsequent discussion with the appellant’s Director of Legal reveal that it has become necessary to amend the entire grounds of appeal in the manner in which the real issue arising from the appeal may be determined by this Court;
3. The issues raise substantial issues of law which breached fundamental rights of the applicant.
4. The proposed amendments are attached to the application.

The reliefs sought at the trial Court are as follows.

a. A declaration that

1

the claimants were regular officers of their various ranks as stated in sheets attached hereto in the service of the defendants as at 28th day of June, 2003 when the Nigeria Security and Civil Defense Corps Act 2003 came into force.

b. A declaration that the claimants were at all times material beneficiaries of the provisions of Section 25 and 26(6) of the defendant’s enabling Act to wit, the Nigeria Security and Civil Defense Corps Act 2003 and thus entitled to the rights, privileges accruing therefrom.

c. An order directing the defendant to absorb and issue letters of appointment to the claimants as officers of the Defendant in furtherance and acting within the dictates of the provisions of Section 26(6) of the Defendant?s enabling Act.

d. Pursuant to paragraph C (Supra), an order of Court restoring the claimants to their various ranks as listed in the sheets attached hereto with effect from 26th June, 2013.

e. An Order of Court directing the Defendant to pay the claimant such emolument including salaries and allowances appropriate to their service stipulation with effect from the date aforesaid.

?The application is supported by

2

an eleven paragraph affidavit deposed to by, Akinyosoye Arosanyin with Exhibits NSCDC 1, 2 and 3 attached.