APPLICATION NOT RECOGNISED BY RULES OF COURT IS NOT A PROPER APPLICATION

In Newswatch v. Ibrahim Attah (2006) 12 NWLR part 993 at 144 at 179 Paragraphs E – G the Supreme Court held among others that:- “…An application not recognized by the Rules of Court cannot be described as a proper application.”

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A TRIBUNAL HAS A LEGAL DUTY TO DECIDE ALL APPLICATIONS FILED BEFORE IT

A court of law or a tribunal has a legal duty in our adjectival law to hear any court process, including a motion before it. The process may be downright stupid, unmeritorious or even an abuse of court process. The court must hear the Party or parties and rule one way or the other. A Judge, whether of a court of law or tribunal, has no jurisdiction to come to a conclusion by resorting to his wisdom outside established due process that a motion cannot be heard because it has no merit. That does not lie in the mouth of a Judge in our adversary system of adjudication. The failure on the part of the learned tribunal to hear the motion of the 1st appellant filed on 1st May 1999 is against the provisions of section 33(1) of the 1979 Constitution on fair hearing, and particularly the natural justice rule of audi alteram partem. See generally Otapo v. Aunmonu (1987) 2 NWLR (Pt.58) 587; Onwumechili v. Akintemi (1985) 3 NWLR (pt. 13)504; Adene v. Dantumbi (1988) 4 NWLR (pt. 88) 309; Olaniyan v. University of Lagos (1985) 2 NWLR (Pt.9) 599; Alfa v. Atanda (1993) 5 NWLR (pt. 296) 729.

— Niki Tobi, JCA. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)

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APPLICATION FOR EXTENSION OF TIME MUST BE BACKED UP BY GOOD AND SUBSTANTIAL REASONS

By the provisions of Order 2 Rule 31 of the Supreme Court Rules both facts in the affidavit, i.e. good and substantial reasons for failure to appeal within the prescribed period; and grounds of appeal which prima facie show good cause why the appeal should be heard must co-exist for the application to succeed. An application for extension of time to appeal would succeed no matter how long after it is brought provided there are good and substantial reasons for the delay. Once a genuine ground on jurisdiction is the reason for the appeal, good and substantial reasons for the delay are no longer necessary.

— O. Rhodes-Vivour, JSC. Francis v. FRN (2020) – SC.810/2014

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WHERE COUNSEL SAYS THERE IS MOTION FOR APPEAL, BUT MOTION NOT BEFORE JUDGE

What the appellant’s counsel said was that they could not proceed because it is impossible for them to go on without the amendment and that there is an appeal and that they wanted the case to be stood down. Where a counsel says that there is a notice of appeal and a motion for stay of proceedings, the only option for the trial court is to stand down the case so that it could be checked at the court registry if there is notice of appeal and a motion for stay of proceedings. If there is a motion for stay of proceedings, it is incumbent on the trial court to take the motion and it is after he had refused the application that he can call on the defence to go on with their defence.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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A COURT IS BOUND TO RESOLVE ALL APPLICATIONS BEFORE IT

It is trite that when a matter is before a court, that court is bound to hear and determine all applications or issues brought or raised before it by litigants: Atanda v. Ajani (1989) 3 NWLR (Pt. 111) 511; Brawal Shipping (Nig.) Ltd v. Onwadike Co. Ltd (2000) FWLR (Pt. 23) 1254, (2000) 79 LRCN 2348 SC.

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

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DISTINCT MOTION IS NOT ABUSE OF COURT PROCESS

In Mobil Production Nigeria Unlimited v. Monokpo (2003) 18 NWLR Part 852 at Page 346 at 430 – 431, it was held among others that:- “Filing of two motions which do not necessarily seek the same or similar reliefs, though in the same case between the same parties would not amount to an abuse of the process of the Court.”

WHERE A MOTION SEEKS TO TERMINATE VS ONE SEEKING TO CURE DEFECT

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APPLICATION NOT RECOGNISED BY RULES OF COURT IS NOT A PROPER APPLICATION

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A TRIBUNAL HAS A LEGAL DUTY TO DECIDE ALL APPLICATIONS FILED BEFORE IT

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APPLICATION FOR EXTENSION OF TIME MUST BE BACKED UP BY GOOD AND SUBSTANTIAL REASONS

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WHERE COUNSEL SAYS THERE IS MOTION FOR APPEAL, BUT MOTION NOT BEFORE JUDGE

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A COURT IS BOUND TO RESOLVE ALL APPLICATIONS BEFORE IT

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DISTINCT MOTION IS NOT ABUSE OF COURT PROCESS

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