HON. AMINU IBRAHIM MALLE v. KASIMU BELLO MAIGARI & ORS
(2019)LCN/13018(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 3rd day of April, 2019
CA/YL/27/2019(R)
JUSTICES
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
ABDULLAHI MAHMUD BAYERO Justice of The Court of Appeal of Nigeria
Between
HON. AMINU IBRAHIM MALLE Appellant(s)
AND
1. KASIMU BELLO MAIGARI
2. ALL PROGRESSIVE CONGRESS
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) Respondent(s)
CHIDI NWAOMA UWA, J.C.A.(Delivering the Lead Ruling): The application was brought pursuant to Order 4 Rule 1 and Order 7 Rule 8 of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of this Court.
The reliefs sought are similar to the reliefs in Appeal No. CA/YL/23/19 just determined by this Court. The grounds upon which the application was brought are the same except that the original Notice of Appeal was filed on 19/3/19 Exhibit ?B1?. The letter in which the learned counsel was briefed is dated 20/3/19, received on 21/3/19, Exhibit ?A?, annexed to the affidavit in support of the application of eight paragraphs. The Appellant?s brief of argument filed on 1/3/19 is Exhibit ?B2?. Exhibit ?C? is the proposed Amended Notice of Appeal sought to be brought in, containing grounds 12 and 13 now sought to be added to the original Notice of Appeal.
The Learned Counsel to the 1st Respondent filed a Counter Affidavit of seventeen paragraphs in opposition to the application. Both Learned Counsel adopted their arguments in respect of Appeal No. CA/YL/23/19.
1
For the same reasons as given in Appeal No. CA/YL/23/19 which has a similar background as the present application, I would and hereby grant the application sought in the motion paper filed on 29/3/19 as follows:
1. Leave is hereby granted to the Appellant/Applicant to amend his Notice of Appeal filed on the 19th February, 2019 in the manner specifically underlined by adding grounds 12 and 13 respectively as shown in the proposed Amended Notice of Appeal.
2. The Amended Notice of Appeal filed on 29/3/19 is deemed as properly filed and served on the Respondents.
3. Leave is granted to the Appellant/Applicant to amend his Brief of Argument in line with the proposed Amended Notice of Appeal.
4. The Amended Appellant?s Brief of Argument separately filed on the 29th March, 2019 is deemed properly filed and served on the Respondents.
JAMES SHEHU ABIRIYI, J.C.A.: I agree.
ABDULLAHI MAHMUD BAYERO, J.C.A.: I read in draft the Ruling just delivered by my learned Brother Justice Chidi N. Uwa JCA and I also grant the Application. I abide by all the consequential orders therein.
2
Appearances:
Abdulhamid Mohammed, Esq. with him, S. I. Waziri, Esq.For Appellant(s)
F. K. Idepefo, Esq. with hm, G. C. Oraekelam, Esq. and I. A. Simon, Esq.For Respondent(s)
Appearances
Abdulhamid Mohammed, Esq. with him, S. I. Waziri, Esq.For Appellant
AND
F. K. Idepefo, Esq. with hm, G. C. Oraekelam, Esq. and I. A. Simon, Esq.For Respondent
