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NIGERIA AGIP OIL COMPANY LIMITED V. CHIEF GIFT NKWEKE MR. VICTOR UZI (FOR THEMSELVES AND ALSO REPRESENTING THE UMU-AGBUA AND UMU-UJU FAMILIES OF OBRIKOM TOWN)

(2016) JELR 55845 (SC)

Supreme Court  •  SC. 162/2013  •  22 Jan 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC (Presided and Read the Lead Judgment) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC SULEIMAN GALADIMA JSC OLABODE RHODES-VIVOUR JSC CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC

Judgement

MUHAMMAD JSC (Delivering the Lead Judgment): One of the issues placed by the appellant before this court for determination, which I consider more fundamental is: “Whether it would not have been just, fair and proper in the circumstances for the Court of Appeal to have directed/ordered the appel ant to pay the appropriate filing fees in respect of its notice of appeal filed on 22 March 2010, the appellant having taken remedial steps to regularise same.” Your lordships, just quite some few weeks ago, this court was faced with the same question in appeal No. SC. 693/2013, delivered on 11 December 2015. Except for matters of details and some obvious dissimilarities, this appeal is on all fours with SC.693/2013. In SC.693/2013, which I happened to write the lead judgment, I made the following comments, among others: “Secondly, a motion to regularise the payment of the shortfall was withdrawn by the learned SAN, Mr. Layonu, for the appellants and it was struck out by the court below. This…

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