Okafor Okoreaffia & Anor V. Hon. Agwu U. Agwu & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A.: (Delivering the leading Ruling)

By a Motion on Notice dated 11th January 2010 and filed on 20th January 2010, the 2nd to 176th Respondents sought for the following orders:-

1. An Order enlarging the time within which the 2nd to 176th Respondents/Cross Appellants/Applicants can seek leave to cross appeal against a part of the decision of the lower Tribunal dated 14th day of November, 2008.
2. An Order enlarging the time within which the 2nd to 176th Respondents/Applicants can cross appeal against part of the Judgment of the lower Tribunal in this Petition dated 14th November 2008.
3. An Order granting the 2nd to 176th Respondents/Applicants leave to cross-appeal against part of the said judgment of the lower Tribunal dated 14th November, 2008 dismissing the objection to the Jurisdiction of the lower Tribunal to entertain this petition for being incompetent and for being presented outside the statutory period.
4. An Order deeming the 2nd to 176th Respondents/Applicants Notice of Cross Appeal hereto annexed and marked as Exhibit A as properly filed.
5. An Order deeming the 2nd to 176th Respondents/Cross Appellants/Applicants Brief of Argument also filed with this application as properly filed and served.
6. An Order giving such directions as may be reasonably necessary to enable the Honourable Court fully exercises its general powers in the determination of the substantive appeal and cross-appeal.
7. And for such further and other Orders as the Honourable Court may deem fit to make in the circumstances.

The motion is supported by a 20 paragraphs affidavit deposed to by Alex Christian Ogolo Esq.

In Opposition to the motion, the Appellants/Respondents filed a counter affidavit of 6 paragraphs deposed to by Okafo Okoreaffia.

By the order of this Court the parties were directed to file written addresses in respect of the motion.

The Applicants’ written address is dated 12/2/10 and filed on 15/2/10.

The Applicants also filed a Reply on points of law dated 16/3/10 and filed on 19/3/10; learned Counsel to the 2nd to 176th Respondents/Applicants adopted the two written addresses as argument in respect of the application and urged the Court to grant the application.

The Appellants/Respondents through his Counsel filed a written address dated 24/2/10 and filed on 25/2/10. Learned Counsel to the Appellant adopted the written submission and urged the court to dismiss the application.

Counsel to the 1st Respondent informed the court that he is not opposing the application.

In his written address Counsel to the 2nd to 175th Respondents/Applicants identified the following issues for determination.

a) Whether the Applicants can at this stage raise the issue of Jurisdiction to entertain the Petition.

b) Whether it is in the interest of Justice to grant this application.

Learned Counsel to the Applicants/Respondents also identified two Issues for determination which are stated thus:

1 – Whether this Honourable Court has powers and Jurisdiction to extend time to file an appeal or cross appeal in respect of a Judgment in an Election Petition.