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CHIEF CHEKWAS OKORIE V. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) & ORS.

(2007) JELR 48242 (CA)

Court of Appeal  •  CA/A/145/2007  •  11 Jul 2007  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; MARY U. PETER-ODILI JCA; CHIDIEBERE NWAOMA UWA JCA;

Appearances
Mr. Okey Uzoho For Appellant Chief B. E. Ukah (with him, J. N. Ekumemkama) Mr. P. I. N. Ikwueto, SAN, (with him, C. I. Mbaeri; J. F. Idigo and I. K. Bozimo) For Respondent

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): In this application on notice filed 30/5/07, the appellant/applicant Chief Chekwas Okorie prayed this court for:

"An order enlarging time within which to file the notice of appeal against the judgment of the Federal High Court Abuja Coram S. J. Adah - (Judge) dated 3/7/06."

The application was brought pursuant to order 3 Rule 4(2) Court of Appeal Rules, 2002 and section 25(1),(2) and (4) Court of Appeal Act 1976. There is a 19 paragraphs affidavit in support of the application. The applicant relies on all the paragraphs. Mr. Okey Uzoho learned counsel for the appellant/applicant when arguing the application submitted that the delay in filing the appeal was not deliberate or due to any fault of the appellant. The appellant gave proper instruction to the counsel to appeal, but the reason for the delay is due to mistake of counsel. It is the principle of law that inadvertence of counsel shall not be visited on innocent…

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