A Federal High Court in Awka, Anambra State capital city may have taken legal jurisprudence to an ultra-innovative level when it sat on appeal against its own judgment and proceeded to set it aside.
The court on Thursday 15 June in the matter between Okechukwu Nwafor and President Federal Republic of Nigeria & 3 Ors held: “Judgment of this Court delivered on the 19th day of May 2023 is hereby set aside for non-service of Originating Processes on the 2nd Defendant/Applicant…”
Expressing outrage at the judgment, one-time Chairman of the National Human Rights Commission, Prof. Chidi Anselm Odinalu said: “Please, how does a court sit on appeal on its own judgment to set it aside? What is going on with these SANs doing these dreadful things with judges?!”
The order reads:
UPON THIS MOTION ON NOTICE dated 25th day of May, 2023 and filed 31st day of May, 2023, coming up before the honourable Court this 14th day of June, 2023 for hearing, praying for the following Orders:
- AN ORDER OF THIS HONOURABLE COURT setting aside the Judgment of this Honourable Court delivered by His Lordship Hon. Justice F. O. Riman in Suit No: FHC/AWK/CS/58/2023 on the 19th day of May, 2023, for non-service of the Originating Processes on the Defendant/Applicant.
2. AN ORDER of THIS HONOURABLE COURT setting aside the Judgment of this Honourable Court delivered by His Lordship, Hon. Justice F. O. Riman in Suit No: FHC/AWK/CS/58/2023 on the 19th day of May, 2023, the subject matter of the suit and the issues raised therein having been determined by this Honourable Court in Suit No: FHC/ABJ/CS/3 1/ 2023 by Hon. 3ustice J. K. Omotosho.
3. AND FOR SUCH ORDERS OR FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances of this case.
UPON READING the Affidavit in support deposed to by one CSP, Larval A. Halliru, Adult, Male, Muslim, Nigerian Citizen of IGP Secretariat, Nigeria Police Force, Force Headquarters, Shehu Shagari Way, Abuja, filed at the Court’s Registry along with three (3) Exhibits and a written address of Counsel.
After hearing Ibrahim Igris (sic) SAN and with Abdullahi Abdulhakeem Ago, learned counsel for the Defendant/ Applicant move in terms of the motion paper…
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Judgment of this Court delivered on the 19th day of May 2023 is hereby set aside for non-service of Originating Processes on the 2nd Defendant/Applicant…
Find the original order here.
Order-IGP-Awka