Court Of Appeal Grants NBM Of Africa Leave To Appeal Out Of Time Over Controversial Joinder Ruling At FHC, Benin

In a major procedural development, the Court of Appeal has granted NBM of Africa Worldwide (Appellant/Applicant) 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 had ordered the joinder of a 4th Respondent to the substantive suit.

When the matter was called, appearances were duly taken for the respective parties.
Ezekwesiri Nwauwa, Esq. appeared for the Appellant/Applicant, H.A. Bello, SAN, with R.C. Ogagaworia, represented the 1st Respondent, while B.A. Uwadiae appeared for the 2nd Respondent. The Nigeria Police Force, listed as the 3rd Respondent, was unrepresented. The 4th Respondent was represented by Dr. A.A. Orunkoya (Tony Masaka).

The Appellant’s motion, filed on behalf of NBM of Africa, 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, Benin.

The application was strongly opposed by counsel to the 1st and 2nd Respondents, 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 a well-considered ruling, 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, namely:

1. Extension of time within which to seek leave to appeal;

2. Leave to appeal; and

3. 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.

Legal commentators have described this ruling as a significant procedural victory for NBM of Africa, underscoring the appellate court’s commitment to ensuring that justice is not sacrificed on the altar of technicality. 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.

The impending appeal is expected to shed more light on the judicial boundaries of discretionary powers in joinder applications, as well as the interplay between procedural fairness and the necessity of parties in complex litigation.

As the matter proceeds to full appellate hearing, observers within the legal and civic communities will keenly follow the outcome, given its potential to shape future jurisprudence on procedural justice, fair hearing, and the rights of organizations to defend their legal interests.

Yours in the Struggle for Justice and Truth.

Signed
Chike Ike, Esq.
P.R.O
NBM of Africa Worldwide.