STEPHEN NWEKE & ANOR V. EZE V. E. D. ORJI

SAMSON ODEMWINGIE UWAIFO, JCA (Delivering the Lead Ruling): This is one of those applications which counsel should refrain from bringing. It achieves nothing but waste of time and money. What is remarkable about it, however, is the important legal procedure it has raised. The applicants seek:

(a) an extension of time within which to appeal against a ruling of the Enugu High Court delivered on 13 July, 1988;

(b) leave to appeal against the ruling;

(c) an order that the notice and grounds of appeal as well as other accompanying papers be deemed properly filed;

(d) an order permitting the appeal to be heard on the documents as compiled by the applicants; and (e) an order for accelerated hearing of the application.

The action brought in the court below is for a declaration that the announcement by which the respondent who is the traditional ruler of Awgu town fixed a date for the celebration of the Ikeji or new yam festival is illegal, unconstitutional, ultra vires, null and void; in addi…