An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong Esq., 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.
Recall that 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 Esq. of the law firm of Fred-Young & Evans LP, lacked requisite locus standi (legal right) to institute the suit.
Justice Oyewole-led panel also awarded a N250, 000 costs against the lawyer.
However, in a Notice of Motion for Leave to 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 motion, dated and filed June 5, 2024, was made available to newsmen on Sunday in Abuja
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”.
Also, he sought “an order granting leave to the applicant to appeal against the concurrent findings of the Federal High Court, Abuja Division in suit no. FHC/ABJ/CS/755/2020; and the judgment of the Court of Appeal, Abuja Division in appeal no. CA/ABJ/CV/1200/2022; on the extent of his right to life guaranteed under Section 33 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)”
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 said there is a need for him to appeal their decision to the Supreme Court for the court to interfere with the findings of both courts.
“This constitutes an exceptional circumstance for this Honourable Court to grant this application,” Ekpenyong said.
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.
The lawyer said the application is made in the interest of justice.
Ekpenyong, a Nigerian citizen and legal practitioner, had appealed against a judgment delivered by Justice Maha of a FHC Abuja.
Justice Maha, 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.
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