CHANNELS TV: Mahmoud vs- Ojo: When Notice of Appeal is Filed Must Be Served

Channels TV

Dear Sir/Ma’am,

Greetings!

I have just read a Facebook post about 11pm Friday 31^st 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