Judgment
ABDULLAHI MAHMUD BAYERO, J.C.A. (Delivering the Leading Judgement): The Motion on Notice filed on 13/12/2021 prays for an order granting leave to the applicants to appeal against the decision contained in the Ruling of this Honourable Court delivered on 10th day of December, 2021 in this appeal to the Supreme Court; some of the grounds being grounds of mixed law and facts and/or of facts simpliciter; and an order granting leave to the Applicants to, within fourteen (14) days of the grant of leave to appeal, file its Notice of Appeal against the decision contained in the Ruling of this Honourable Court delivered on 10th day of December, 2021 in this appeal to the Supreme Court in terms of the proposed Notice of Appeal, Exhibit B attached hereto.
The grounds for the application are:- 1. On the 10th day of December, 2021 this Honourable Court delivered a Ruling in this appeal. 2. Dissatisfied with parts of the decision contained in the Ruling, the Applicant is desirous of lodging an appeal against the decision in the said Ruling in terms of Exhibit B. 3. Some of the grounds of the appeal appear to be grounds of mixed law and facts and of facts simpliciter. 4.
By the relevant law and the Rules of this Honourable Court and having regard to Ground 3 above, leave of this Honourable Court is required to file the proposed Notice of Appeal (Exhibit B) against the said decision of this Honorable Court. The motion is supported by an accompanying affidavit in support of four main Paragraphs and an affidavit of urgency also of four (4) main Paragraphs. Both affidavits were duly deposed to by one Tola Oni on behalf of the applicants with two documentary Exhibits A (a certified true copy of the said Judgment and Exhibit B (copy of the proposed notice of appeal).
The applicants’ Counsel contended in the course of moving the application that the applicants are seeking the leave of this Honourable Court to appeal against the Ruling of this Honourable Court delivered on the 10th of December, 2021. That it is not in doubt that the grant or refusal of applications such as the instant motion on notice is within the discretion of this Honourable Court – Ukachukwu vs. PDP (2014) 4 NWLR (Pt. 1396) 65, Dr. Alex Otti & Anor v. Dr. Samson Uchechukwu Ogah & Ors. (2017) 17 NWLR (Pt. 1563) 1.
