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GOVERNOR OF IMO STATE & ORS v. ALEXANDER P. NLEBEDUM

(2017) JELR 38026 (CA)

Court of Appeal  •  CA/OW/143M/2016(R)  •  11 May 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Lead Ruling):Mrs. Amadi: - Moves her motion filed on 8-6-16 seeking leave of this Court for leave to appeal against the decision of the National Industrial Court in its judgment delivered on 11-5-16. Relies on all the paragraphs of the affidavit in support. Appeal against the decision of the National Industrial Court is a fundamental right and a denial of that right is a denial of the right of fair hearing.

Mr. Njemanze: - Opposes the application and says by virtue of the provisions of S.243 (2-3) as amended, the applicant has a right of appeal only as it relates to Chapter 4 of the Constitution. The applicants do not have an inherent right of appeal. I urge you to dismiss this application.

RULING

This application is for leave to appeal against the judgment of the National Industrial Court to the Court of Appeal in a matter which neither emanates from Chapter 4 of the 1999 Constitution nor from a conviction in the National Industrial Court. An a…

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