The Court of Appeal has granted NBM of Africa Worldwide leave to file its Notice of Appeal and Brief of Argument out of time, in respect of the ruling delivered by the Federal High Court, Benin Division, which ordered the joinder of the Registered Trustees of the organisation.
The motion, filed on behalf of NBM of Africa, by their Counsel, Ezekwesiri Nwauwa, Esq., sought an extension of time within which to apply for leave to appeal and to properly file its Notice of Appeal and accompanying processes against the decision of the Federal High Court.
The application was opposed by Counsel to the 1st and 2nd respondents, H.A. Bello, SAN and B.A. Uwadiae, respectively, who contended that the appellant had not provided sufficient grounds to warrant the exercise of the court’s discretion in its favour.
After reviewing the arguments of counsel and the affidavit evidence before it, the court, in its ruling, held that the appellant had shown good cause and demonstrated a genuine intention to pursue its constitutional right of appeal.
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Consequently, the court granted all three reliefs sought, which are extension of time within which to seek leave to appeal; leave to appeal and extension of time within which to file the Notice of Appeal and Appellant’s Brief of Argument.
By this decision, NBM of Africa has been granted the legal latitude to properly ventilate its grievances before the appellate court.
The forthcoming appeal will determine whether the Federal High Court, Benin Division, acted rightly in law and in fact in ordering the joinder of the 4th respondent as a party to the proceedings.
Spokesman of NBM, Chike Ike, Esq, said the ruling is a significant procedural victory for the organization, underscoring the appellate court’s commitment to ensuring that justice is not sacrificed on the altar of technicality.
He said it further reinforces the principle that the right of appeal is a constitutional safeguard, which must not be denied where an applicant shows bona fide intent to pursue redress diligently.
