Peoples Redemption Party V. Ondo State Independent Electoral Commission & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Lead Ruling)

By a motion on notice, dated 9th January, 2018, and filed 10th January, 2018, the sixth and seventh respondents, as applicants, qua counsel, prayed the Court as follows.

1. AN ORDER for leave of the Court to amend the 6th and 7th Respondents Brief of Argument (erroneously caption (sic) “6th and 7th Respondents’ Reply Brief) dated 2nd day of November, 2017 and filed 13/11/17, of which proposed amendment is as specified hereunder as follows.

(a) To delete the caption “6th and 7th Respondents’ Reply Brief and replace some with “The Amended 6th and 7th Respondents’ Brief of Argument Incorporating Notice of Preliminary Objection”:

(b) To incorporate the Notice of Preliminary Objection hitherto filed by the 6th and 7th Respondents in pursuant to Order 10 Rule 1 of the Court of Appeal Rule, 2016 together with the Argument in respect of the Preliminary Objection into the process herein sought to be amended.

2. AN ORDER of the Honourable Court deeming the Applicants/Respondents’ perfected Amended 6th and 7th Respondents’ Brief of Argument

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Incorporating Notice of Preliminary Objection, which had been filed alongside this Motion Papers as properly filed and served on the Appellant/Respondent as the filing fee in respect thereof had been duly paid.

3. AN ORDER of the Honourable Court for any other Order or such further Orders as the Honourable Court may deem fit to make in the circumstance of this case.

The application was predicated on two grounds. It was supported by a 12 – paragraph affidavit and a 12 – paragraph further affidavit filed on 1st February, 2018. There were written address and further written address attached to both affidavits respectively.

The appellant, as respondent, greeted the application with a stiff opposition. In consequence, it filed, on 15th January, 2018, a 26 – paragraph counter-affidavit with a written address attached;

The application was heard on 6th February, 2018. During its hearing, learned counsel for the applicants, A. C. Ajakaiye, Esq., adopted the applicants’ written addresses as representing his arguments for the application. He urged the Court to grant it. Similarly, learned counsel for the respondent, Femi Aborishade, Esq.,

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adopted the respondent’s written address as forming his submissions against the application. He urged the Court to dismiss it.

In the applicants’ written address, they distilled two issues for determination to wit:

1. Whether the Applicants/Respondents had placed before this Honourable Court sufficient facts as will entitle them to the Court exercising its discretion in their favour? And
2. Whether the course of justice will not be better enhanced if this application is granted in favour of the Applicants/Respondents.

The respondent, in its written address, crafted a sole issue for determination viz:

Whether an amendment that will overreach the Appellant is permitted in law to be granted.