The Institute Of Chartered Accountants Of Nigeria (Ican) V. Mazi Okechukwu Unegbu & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOHN INYANG OKORO, J.C.A (Delivering the Lead Ruling)

By a Motion on Notice dated and filed on 17th February, 2011, the Applicant herein prayed for the following reliefs:

“1. An order extending time within which the Applicant shall seek leave to appeal as a party interested against the final decision of the Federal High court, Lagos (coram Abang, J.) in Suit No.FHC/L/CS/373/2010 delivered on 19/11/2070.

2. An order granting leave to the Applicant to appeal (as an interested party/person) against the final decision of Federal High Court, Lagos (Coram Abang, J.) in Suit No. FHC/L/CS/373/2010 delivered on 19/11/10 in tine with the Proposed Notice of Appeal attached and marked Exhibit “AA2”.
3. An Order for an extension of time within which he Applicant shall appeal (as an interested party/person) against the final decision of Federal High court, Lagos in suit No, FHC/L/CS/373/2010 delivered on 19/11/10 in tine with the Proposed Notice of Appeal marked Exhibit “AA2”.

And for such order or such further orders as this Honourable court may deem fit to make in the circumstance”‘

NB: Prayer No. 4 was abandoned’

The grounds upon which the reliefs are predicated as stated on the motion Paper are that: –

“(i) The decision of the court below centered on the interpretation of Applicant’s enabling law’ namely: Institute of chartered Accountants of Nigeria Act.

(ii) The decision of the court below adversely affects Applicant’s power to regulate Accounting Practice/Profession in Nigeria and the guidelines issued by the Applicant to Chartered Accountants in Nigeria.

(iii) The Applicant is dissatisfied with the decision and as a party affected by the appeal (sic) intends to appeal against the decision”.

In support of this application, the Applicant has filed a 24 paragraphs affidavit deposed to by Ayodeji Awobiyide Esq., a legal practitioner in the Law Firm of Bayo Osipitan and Co. representing the Applicant herein. Attached to the said affidavit are two exhibits marked Exhibits “AA1” and “AA2”. At the hearing of this application, the Applicant abandoned prayer No. 4 which was for an order staying execution/suspending the operation of the Judgment of the said Federal High Court sought to be appealed against pending the determination of this application and the appeal to be filed by the Applicant against the said decision.

Moving the application, the learned Senior Counsel for the Applicant, Prof. Taiwo Osipitan SAN, leading O. Salisu Esq. relies on all the paragraphs of the supporting affidavit, particularly, paragraphs 11-20 and Exhibits AA1 & AA2 annexed. He submitted that these paragraphs show clearly that the Applicant is interested in the matter. That the Applicant’s Rule of Practice was voided without hearing from it. He posited that at this stage, it does not matter whether the appeal will succeed or not. Learned Senior Counsel then urged the court to grant the application.

In response, the learned counsel for the 1st Respondent, Emmanuel Sukore Esq. with C. A. Nwankwo Esq., referred to their 21 paragraph counter affidavit deposed to by Celestine Nwankwo Esq., a legal practitioner in law firm of Zik Chuka Obi & Co., solicitors to the 1st Respondent and submitted that a party seeking to appeal as an interested person must comply with the Rules of this Court. Referring to Order 7 Rule 7 of the Court of Appeal Rules 2011, he posited that the Judgment of the lower court sought to be appealed against annexed by the Applicant, is neither signed by the learned Trial Judge nor certified. He urged this court to strike out this application for failure to comply with the Rules of this court.

F. C. Egede Esq., with A. O, Igebu Esq., learned counsel for the 2nd Respondent did not oppose this application.

The 3rd Respondent which was duly served with hearing notice did not appear and was not represented by counsel at the hearing of this application.