IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
ON FRIDAY, THE 13TH DAY OF JANUARY, 2017
BEFORE THEIR LORDSHIP
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMED JUSTICE, SUPREME COURT
KUDIRAT MOTONMORI OLATOKUNBO
KEKERE-EKUN JUSTICE, SUPREME COURT
SC.93/2015
BETWEEN:
JOB KOLAWOLE BUREMOH – APPELLANT/APPLICANT
AND
ALHAJI ISIAKA AKANDE – RESPONDENT
RULING
(Delivered by MUSA DATTIJO MUHAMMED, JSC)
By his motion on notice pursuant to Order 2 rules 28 (1), order 7 rules 4 & 8 of the Supreme Court Rules and under the inherent powers of this Court filed on 22nd April, 2015, the appellant/applicant seeks the following six relief’s:
1. An Order of this Court extending time within which the Appellant/Applicant may compile and transmit the Record of Appeal in this to this Court.
2. An Order deeming the already compiled and transmitted and served.
3. An Order of this Honourable Court granting leave to the Appellant/Applicant to raise for the first time before the Supreme Court fresh issue on the application of the Limitation Law of the case of the Respondent pursuant to the provision of Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006.
4. An Order of this Honourable Court granting leave to the Appellant/Applicant to amend his Notice of Appeal by including the fresh issue on the application of Limitation Law to the case of the Respondent pursuant to the provisions of the Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006 on the one hand and to harmonise and amend all existing grounds of appeal with the inclusion of particulars on the other hand as per the attached Schedule of Amendment and proposed Amended Notice of Appeal.
5. An Order of this Honourable Court granting leave to the Appellant/Applicant to appeal against the decision of the Court of Appeal, Ilorin Division in Appeal No: CA/IL/70/1999 on grounds other than law alone.
6. And for such further Order(s) as this Honourable Court may deem fit to make in the circumstance of this case.”
The application is premised on the following grounds:
1. The appellant/Applicant being dissatisfied with the judgment of the Lower Court delivered on 3rd July, 2000 filed a Notice of Appeal against the judgment on 10th July, 2000 and additional grounds of appeal filed on 21st September, 2000.
2. The time limited by the Rules of the Court for the Lower Court Registrar to compile and transmit the Record of Appeal to this Court has lapsed.
3. The Appellant/Applicant could not meet the demand of funds charged by the Registry of the Lower Court to compile and transmit the Record of Appeal; hence, it could not be so compiled within time.
4. The judgment of the Lower Court was executed after the dismissal of the Appellant’s application for stay of execution.
A party’s resolve to challenge the legality of the decision of a court given without jurisdiction cannot be too late. It is either the court has jurisdiction or it does not. In the case at hand, therefore, learned respondent counsel’s contention that the motion be refused because of the applicant’s failure to explain the inordinate delay for the application is accordingly legally incorrect.
Lastly, I am satisfied that the materials the respective parties require to argue and contest the issue the applicant seeks to raise in his appeal are readily available. It is for all these reasons that I find merit in the application and grant same in terms. Consequently an order is hereby made:
1. Extending time within which the Appellant/Applicant may compile and transmit the Record of Appeal in this case to this Court.
2. Deeming the already compiled and transmitted Record of Appeal as properly transmitted and served.
3. Granting leave to the Appellant /Application to raise for the first time before the Supreme Court fresh issue on the application of the Limitation Law to the case of the Respondent pursuant to the provision of Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006.
4. Granting leave to the Appellant/Applicant to amend his Notice of Appeal by including the fresh issue on the application of Limitation Law to the case of the Respondent pursuant to the provisions of the Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006 on the one hand and to harmonise and amend all existing grounds of appeal with the inclusion of particulars on the other hand as per the attached Schedule of Amendment and proposed Amended Notice of Appeal; and
5. Granting leave to the Appellant/Applicant to appeal against the decision of the Court of Appeal, Ilorin Division in Appeal No: CA/Il/70/1999 on grounds other than law alone.
Parties are to bear their respective costs.
Appearances:
Akin Akintoye H. with him; Gbenga Oyewole for the Appellant/Applicant.
J.S. Bamigboye, SAN, with him T. A. B. Oladipo and J. S. Muhammed for the Respondent.
MOH’D A. DIKKO
REGISTRAR
SUPREME COURT OF NIGERIAiv
