AMA OPU SENIBO GORDON BRYSON PEPPLE, ESQ. V. SIR DR. GABRIEL T.G. TOBY (ALABO ELECT OF CHIEF TOBY WAR CANOE HOUSE), ALABO GODWIN BUPA (FOR HIMSELF AND ON BEHALF OF THE ALAPU COUNCIL OF OPOBO KINGDOM), KING DANDESON D. JAJA JEKI (V) (TREATY KING, THE AMANAYABO OF OPOBO KINGDOM, CHAIRMAN, RIVERS STATE TRADITIONAL RULERS COUNCIL), ATTORNEY GENERAL OF RIVERS STATE (IN THE CAPACITY OF REPRESENTING THE RIVERS STATE MINISTRY OF COMMUNITY AND CHIEFTAINCY AFFAIRS & RIVERS STATE GOVERNMENT)

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Ruling): By a motion on notice filed on 10th June, 2022, the Appellant sought for leave to amend his notice of appeal. The motion is supported by an affidavit of three (3) paragraphs, sworn to by one Anunobi Onyinyechi, a litigation clerk in the firm of G.B. Pepple and Associates, Port Harcourt, annexed to which is the proposed notice of appeal marked as Exhibit A. The ground for the application, as stated on the face of the motion, is that, there was a delay by the lower Court in making available to him the ruling appealed against and so he has to file his notice of appeal without reading the ruling in order not to exceed the statutory period for filing an appeal. That after obtaining and reading the ruling, he considered it necessary to amend the notice of appeal earlier filed, hence this application.

The facts relied upon in support of the application are aptly captured by paragraphs 3(a)-(e) of the affidavit of Anunobi Onyinyechi…