Lawyer Seeks Appeal Court’s Leave To Appeal Against Its Judgment

An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong has sought the leave of the Court of Appeal, Abuja Division to appeal against its March 27 judgment which dismissed his appeal against the Federal Government, to the Supreme Court.

The Court of Appeal had, on March 27, 2024, dismissed Ekpenyong’s appeal on the alleged prevalence of extra-judicial killings in the country and affirmed the decision of the trial court.

The appellate court upheld a Federal High Court (FHC) Abuja judgment delivered by Justice Nkeonye Maha, on May 6, 2022, that dismissed his suit seeking to address the increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors in Nigeria.

The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Emmanuel Ekpenyong of the
law firm of Fred-Young & Evans LP, lacked legal right to institute the suit hence awarded a N250, 000 costs against the lawyer.

However, in a Notice of Motion for the Leave to the Appeal marked: CA/ABJ/PRE/ROA/CU/582mi/2024 between Emmanuel Ekpenyong Esq. Vs. President, Federal Republic of Nigeria and Attorney-General and Minister of Justice of the Federation, the lawyer sought two orders.

The lawyer sought “an order granting leave to the applicant to appeal against the decision of the Court of Appeal, Abuja Division delivered on 27th March, 2024, in appeal no. CA/ABJ/CV/1200/2022, on grounds of mixed law and facts as set out in the proposed Notice of Appeal annexed as “Exhibit JO3” to this Notice of Motion”.

On the ground of appeal, Ekpenyong contended that “the Learned Justices of the Court of Appeal erred in law when they affirmed the trial court’s award of N100, 000 costs against the appellant and awarded an additional costs of N250, 000 against the appellant, for the interpretation of his constitutional right to life enshrined in Section 33 (1) of the Constitution”.

Against these backgrounds, Ekpenyong argued that “the findings of both the trial court and Court of Appeal is perverse and was reached as a result of a wrong approach to the evidence before them and a wrong application of principle of substantive law and procedure.”

He equally said that being dissatisfied with the judgment of the Court of Appeal, he is desirous of appealing against the concurrent findings in the judgment of both the lower and upper courts on questions of mixed law and facts.

Ekpenyong a legal practitioner, had appealed against a judgment delivered by Justice Maha of a FHC Abuja, who dismissed the suit, held that Ekpenyong failed to present sufficient facts in proof of the case.

The Judge, therefore, dismissed it for lack of reasonable cause of action against the defendants (President and AGF) and awarded a cost of N100, 000 against the plaintiff.

He then sought an order of mandatory Injunction enforcement agencies to incorporate forensic science in their criminal investigations to address extra-judicial killings by both state and non-state actors.

Ekpenyong said this would also help to ensure that every unlawful death committed are thoroughly investigated and the culprit arraigned before a Court of competent jurisdiction, among other reliefs.

Garry Ochigbo, Edited By Grace Namiji