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 organisation’s registered trustees.
The appellant’s motion, filed on behalf of NBM of Africa by its counsel, Ezekwesiri Nwauwa, 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 Federal High Court’s decision.
The counsel for the 1st and 2nd respondents, H.A. Bello (SAN) and B.A.Uwadiae, respectively, opposed the application, arguing 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 evidence from the affidavit before it, the court held that the appellant had shown good cause and demonstrated a genuine intention to pursue its constitutional right of appeal.
Consequently, the court granted all three reliefs sought: 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 has been granted the legal latitude to present its grievances properly 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 4th respondent to join the proceedings.
NBM spokesman Chike Ike said the ruling is a significant procedural victory for the organisation, underscoring the appellate commitment to ensuring that justice is not sacrificed on the altar of technicality.
