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Supreme Court grants lawyer leave to appeal against Appeal Court judgment

The Supreme Court has granted leave to a lawyer, Emmanuel Ekpenyong, to appeal against the judgment of Court of Appeal, Abuja, dismissing his appeal against…

The Supreme Court has granted leave to a lawyer, Emmanuel Ekpenyong, to appeal against the judgment of Court of Appeal, Abuja, dismissing his appeal against the Attorney-General of the Federation (AGF) on the inoperative Foreign Judgment (Reciprocal Enforcement) Act, CAP F35, Laws of the Federation of Nigeria, 1990.

A five-member panel of the Supreme Court in a unanimous Ruling delivered by Justice Adamu Jauro granted the appellant’s prayers one to four.

It will be recalled that while Ekpenyong is the appellant in the case number: SC/CV/92/2024, the AGF is the sole respondent.

Justice Jauro said the court was satisfied that the AGF was served with a hearing notice on May 24, 2024.

“The application filed on February 15, 2024 is for the trinity prayers.

“There being no objection, it is hereby granted in terms of prayers 1 to 4.

“Extension of time to apply for leave to appeal against the judgment of the Court of Appeal delivered on 12th May, 2022 in appeal No. CA/A/132/2020 in Emmanuel Ekpenyong Esq Vs Attorney General of the Federation and Minister of Justice.

“Leave to appeal is also granted.

“Extension of time to appeal against the said decision is made to today,/May 27, 2024.

“Leave to appeal against the concurrent findings is also granted.

“The applicant is to file the notice of appeal within 60 days from today,” the judge declared in the certified true copy of the ruling made available to newsmen on Wednesday.

Ekpenyong had dragged the AGF to the Supreme Court over alleged failure to promulgate an Order to bring Part 1 of the Foreign Judgment (Reciprocal Enforcement) Act, 1990 into operation since its enactment in 1960 to commence on Feb. 1, 1961.

The lawyer’s notice of appeal, marked: SC/CR/92/2024, was dated and filed on July 2.

Ekpenyong of the law firm of Fred-Young & Evans LP, gave two grounds of appeal and sought four reliefs, including an order setting aside the whole judgment of the Court of Appeal.

He also sought “an order compelling the respondent to promulgate an Order further to Section 3 (1) of the Foreign Judgment (Reciprocal Enforcement) Act, CAP F35, Laws of the Federation of Nigeria, 1990 extending its applicability to commonwealth countries and to other countries which the respondent may elect to bring Part I of the Act into operation.

“An order granting all the reliefs sought by the appellant in his originating summons dated 21st June, 2017.”

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