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Dear Sir/Ma’am,
Greetings!
I have just read a Facebook post about 11pm Friday 31st
March which states in summary, as follows
1. That a Lawyer said he had appealed against
the judgment of the Federal High Court Abuja voiding the NBA 2015 Constitution
afortiori the election of Mahmoud and
his team;
2. That Supo Ojo Esq., disowned the purported
Notice of Appeal on the grounds of non-service;
3. That another Lawyer said to be acting for
the Appellant(s) also claimed they filed a Motion on Notice for Stay of
Execution of declaratory orders sought by the plaintiff and granted by the Federal High
Court, pending appeal;
This week Sir at the High Court of Lagos we found the new
set of rules for the Court of Appeal entitled COURT OF APPEAL RULES 2016 – Order 4 Rule 10 states that an appeal is
deemed to have been entered in the Court when the record of proceedings in the
court below has been received in the Court
of Appeal.
QUESTION:
When was the notice and grounds of appeal filed and what are the chances of the
said appeal succeeding?
Note further that Order 8 Rule 10 of the Court of Appeal
Rules 2016, specifies the list of documents to be transmitted and that includes
a certificate of service of the Notice of Appeal on the Plaintiff/Respondent.
Supo Ojo Esq not having been served as he was said to have stated emphatically,
it is therefore safe to conclude that the processes said to have been filed
today may exist only in the minds of the appellants.
Those who claim they filed a Notice of Appeal against the
judgment practically removing AB Mahmoud and his team from office may wish to scan and email it together with
any other processes the appellants purportedly filed, if any. Otherwise there
is really nothing on which to base the story that a Notice of appeal and other
processes were filed just as there is no leg upon which the election of AB
Mahmoud/ et al stands, unless and until a court of competent jurisdiction
upholds the NBA 2015 Constitution. Right now the only conclusion drawn is, NBA
2015 Constitution being VOID, INVALID, INEFFECTUAL NON-EXISTENT decisions, ALL actions, appointments, steps
taken by AB Mahmoud as President of NBA and members of his team quashed.
Thank you
Attorney Carole Ajie
