1994 Appeal: Supreme Court Grants Leave To Andoni Family

The Supreme Court of Ni
geria has granted leave to the Egwe-Oke Royal family of Ngo in the Andoni Local Government  Area  to appeal a judgement of the court of Appeal, Port Harcourt declared on the 7th of July 1994.
The appellants had filed a motion on the 28th of June 2013, seeking the order of the court to enlarge the time within which to appeal the Jugement on grounds of facts and mixed laws.
In support of the application, a 40 paragraph affidavit was deposed by the applicant with seven documents annexed to it.
Learned counsel for the appellants Mr. O. Akoni (SAN) said that by virtue of section 233 (3) o the constitution and order 2 Rule 28 (4) of the supreme Court Rulers, the application ought to have been brought before the court of Appeal before it can be brought to the supreme court.
He however observed that the situation was not possible due to inadvertent error of counsel for the applicants twenty years ago.
Mr. Akoni said that by virtue of section 27 (4) of the supreme court Act the court is vested with sole Jurisdiction to grant an extension of time “whether to extend time to seek leave to appeal or simply to appeal without the need to seek leave”.
He submitted that since Jurisdiction is a strong point in this application the application should be granted as it is never too late to appeal against a judgement given without jurisdiction.
However opposing the application learned counsel for the respondents Chief Wechukwu (SAN) described the application as inequitable and oppressive to the respondents since the case has been concluded on amended on pleadings and there is an appeal pending on same before the Supreme Court.
He said that the appeal is being made nineteen years after judgement of the Court of Appeal and the issue of Jurisdiction raised in this application has been raised in SC/54/12.
In unanimous decision, the Supreme Court said that the length of time is immaterial if the applicant is able to show good cause or substantial reasons for the delay.
The court also said that since the proposed ground of appeal complain of lack of Jurisdiction, it is a strong and arguable point, it would no longer be necessary to look into the reasons for the delay as jurisdiction is a question of law.
It noted that the grant of the application is geared towards ensuring that justice is done between the parties “Aparty should never be denied the right of appeal if the satisfies the conditions for appeal.
“In this case the applicants have satisfied this court to exercise its discretion in their favour because of the serious ground of jurisdiction.
The court therefore granted the application extending the time to appeal to 21 days.