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EDO STATE HOUSE OF ASSEMBLY & ORS v. HON. BLESSING AGBEBAKU

(2018) LPELR-45059(CA)

In The Court of Appeal of Nigeria

On Friday, the 13th day of July, 2018

CA/E/282M/2013(R)


Before Their Lordships

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria

JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria


Between

1. EDO STATE HOUSE OF ASSEMBLY
2. MR. ANERU BELLO
(CHAIRMAN EDO STATE GOVERNMENT PROPERTIES
COMMITTEE)
3. ATTORNEY GENERAL OF EDO STATE - Appellant(s)

AND

HON. BLESSING AGBEBAKU - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a ruling in respect of an application for setting aside of a decision of the Court of Appeal.
FACTS:
The Applicants filed an application dated 14/5/2013 for leave to appeal against the judgment of the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013. The Court of Appeal dismissed the application on the grounds that the Court of Appeal has no jurisdiction to entertain the appeal as none of the Applicants' Grounds of Appeal raised questions of infringement of fundamental rights as contained in Chapter IV of the Constitution and that it has no jurisdiction to grant leave to appeal. The Supreme Court, on 20/6/2017, in the case of SKYE BANK PLC v. IWU, held that the Court of Appeal has the Jurisdiction to hear appeals from the National Industrial Court and that, an appeal, not bordering on fundamental rights will have to be with leave of Court of Appeal. The Supreme Court also held in that case that, no further legislations from the National Assembly is needed to confer jurisdiction on the Court of Appeal to hear appeals from National Industrial Court.

The applicant therefore filed a motion on notice praying the Court of Appeal for the following orders:

"1. An order of this Court enlarging the time within which the Applicants may apply to set aside the ruling/decision of this Honourable Court delivered on 17/3/2017 in Appeal No CA/E/283M/ 2013: Edo State House of Assembly & Anor v. Hon. Blessing Agbebaku, dismissing the Applicants' application for leave to appeal against the judgment of the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013, the time allowed by the rules of this Honourable Court having expired.

2. An order setting aside the ruling/decision of this Honourable Court delivered on 17/3/2017 in Appeal No. CA/E/283M/2013: Edo State House of Assembly & Anor v. Hon. Blessing Agbebaku dismissing the Applicant's application for leave to appeal against the judgment of the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013;

3. An order granting leave to the Applicants to appeal against the judgment delivered by the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013 in NIC/ABJ/68/2012: Hon. Blessing Agbebaku v. Edo State House of Assembly & Anor.

And for such further or other orders as this Honourable Court may deem fit to make in the circumstances of this case."

ISSUES:
The Court of Appeal considered the merits of the application.
DECISION/HELD:
 In the final analysis, the application was struck out.


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