CHIEF MARK N. ORUPABO & ORS v. CHIEF A. A. OPUAMBE & ORS
(2014)LCN/6899(CA)
RATIO
PRACTICE AND PROCEDURE: EFFECT OF NON-COMPLIANCE WITH THE RELEVANT PERIOD FOR INSTITUTING AN APPLICATION FOR AN ORDER OF CERTIORARI
These are limitation provisions which operate to bar or prevent the rearing up of claims that are stale. They extinguish the right to the action, in this case the application for judicial review by means of order of certiorari, at the expiration of the period of three months. See AKIBU v. AZEEZ (2003) FWLR [pt.149] 1490; AJIBONA v. KOLAWOLE (1996) 10 NWLR [Pt.476] 22.
I agree with Mr. Anazor of counsel to the 1st set of Respondents that rules of court are meant to be obeyed and compiled with. The effect of non-compliance, as stated in UNIVERSITY OF LAGOS v. AIGORO (1984) 11 SC 152, is that in such circumstances the proceedings, as non-starters, are completely a nullity. An action cannot be competent for the court to validly assume jurisdiction over unless it was initiated correctly by due Process of law: see MADUKOLU v. NKEMDILIM (1962) 1 ALL NLR 587 at 593; AKUBUE v. COP (1977) 1 IMSLR 164 at 168. Per EJEMBI EKO, J.C.A
