The Court of Appeal, Abuja has reserved ruling in an application by former Attorney-General of the Federation, Abubakar Malami seeking leave to appeal a ruling of the Federal High Court.
When the case was called on Thursday, counsel to the appellant, Mr Joseph Daudu, SAN, told the court that the application was a motion on notice for extension of time to seek leave to appeal.
He said it was also for leave to appeal and extension of time to appeal.
He said his client was seeking leave to appeal the ruling delivered by Justice Joyce Abdulmalik of the Federal High Court.
He said the ruling arose from an application filed by the Economic and Financial Crimes Commission seeking the final forfeiture of Malami’s property.
Daudu said the application was supported by a four-paragraph affidavit as well as the ruling being challenged on appeal.
He urged the court to grant the application, adding that the respondents’ only objection was that the reason advanced for the delay was not valid in view of a Supreme Court decision.
“I submit that that no longer represents the law as the rules of the court require that in filing an interlocutory appeal, the ruling being challenged must be attached.
“So to file an application without attaching the ruling will render the application incompetent, particularly as the delay was from the court,” he said.
Daudu urged the court to grant the application as prayed.
Responding, counsel to the EFCC, Mr Jibril Okutepa, SAN, described the application as unnecessary.
The senior lawyer argued that it fell within the ambit of the fast track practice direction because it related to corruption and corrupt practices.
“This has to do with property fraudulently acquired while Malami was AGF.
“In rule four, the court discourages interlocutory appeals where the point sought to be appealed are points that can be taken on at the final stage of the matter.
“Our submission is that the applicant has not been able to show substantial reason for his failure to appeal within time,” he said.
He said that the applicant’s position was because the ex parte application was heard by Justice Emeka Nwite, and the ruling being challenged was delivered by Justice Abdulmalik.
“So that the matter ought to commence de novo since the ex parte order earlier made by Justice Nwite has elapsed.’’
He urged the court to dismiss the application.
In response, Daudu urged the court to discountenance the fast-track rules cited by the respondent, arguing that they were not contained in their counter affidavit.
He further submitted that there was nothing illegal about filing interlocutory appeals, particularly on issues bordering on jurisdiction, adding that courts were only encouraged to discourage such appeals.
After listening to arguments from both counsel, the three-member panel of justices led by Justice Abba Mohammed reserved ruling to a date to be communicated to parties.
The News Agency of Nigeria (NAN) reports that the court, presided over by Justice Emeka Nwite, had, on Jan. 6, ordered the interim forfeiture of the 57 properties suspected to be proceeds of unlawful activities to the Federal Government.
The judge made the order following an ex parte motion moved by the EFCC.
The judge directed the commission to publish the order in a national daily for interested person(s) to show cause, within 14 days, why all the properties should not be permanently forfeited to the federal government.
The case was, however, reassigned to Justice Obiora Egwuatu after the vacation ended but Egwuatu recused himself from the matter.
He cited personal reasons and in the interest of justice, before it was reassigned to Abdulmalik.
