Judgment
HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgement): By this application dated the 9th of August, 2021, and filed on the 13th of September, 2021, applicant seeks for the following reliefs: – i. An order of this Honorable Court granting leave to the Applicants to appeal as interested parties against the judgment delivered on 19th July, 2010 but signed on 14th October, 2010 by the High Court of the Federal Capital Territory, Abuja Judicial division Honorable Justice A. A. I. Banjoko in suit no: FCT/HC/CV/143/2006: Dr. Alex U. Akpa v. The Federal Government of Nigeria & 4 Ors. ii.
AND for such further or other orders as this Honorable Court may deem fit to make in the circumstances. The grounds for the application are as follows:- i. The applicants became aware of the judgment delivered on 19th July, 2010 in suit no: FCT/HC/CV/143/2006: Dr. Alex U. Akpa v. The Federal Government of Nigeria & 4 Or’s. By the Honorable Justice A. A. I.
Banjoko of the High Court of the Federal Capital Territory Abuja judicial division in December, 2010 when the 1st Respondent sought to execute the judgment and the Applicants immediately filed a Motion on Notice on 16th December, 2010 to set aside the aforesaid judgment. ii. In its ruling delivered on 12th April, 2011, the lower Court granted the reliefs sought by the Applicants and set aside the judgment delivered on 19th July, 2010 but signed on 14th October, 2010 in suit no: FCT/HC/CV/143/2006: Dr. Alex U. Akpa v. The Federal Government of Nigeria & 4 Ors. iii.
The 1st Respondent thereafter appealed to this Honorable Court in appeal no. CA/A/405/2011: Dr. Alex U. Akpa v. M. Audu-Bida Mohammed & 3 Ors. Against the aforesaid ruling. iv. The decision of this honorable Court in the said appeal no: CA/A/405/2011 Dr. Alex U. Akpa v. M. Audu-Bida Mohammed & 3 Ors. And consequently, set aside the ruling of the lower Court delivered on 12th April, 2011. v.
The decision of this Honorable Court in the said appeal no: CA/A/405/2011 was that the lower Court was functus officio and lacked the jurisdiction to entertain the Applicant’s motion on notice dated 16th December, 2010 which was granted on 12th April, 2011. vi. Based on the aforesaid decision of this honorable Court, the applicants, through their erstwhile counsel, Femi Akinbunu, Esq., applied to this honorable Court for leave to appeal on 17th June, 2013 but due to incompetence of the application, same was withdrawn and accordingly struck out on 25th February, 2014. vii.
