The Court of Appeal in Abuja has dismissed an application filed by a governorship aspirant of the All Progressives Congress (APC), Mrs Abimbola Olajumoke Olawumi with which she had sought to arrest the judgment of the court in an appeal she filed.
A three-member panel of the appellate court held, in a unanimous ruling on Wednesday afternoon, that the application, filed for Olawumi by her lawyer, Ebun Olu Adegboruwa (SAN), was not only strange, it was “hopeless, reckless and constituted an unpardonable abuse of the judicial process.”
Justice Okon Abang, who read the lead judgment, held that it was strange that Mrs. Olawumi would approach the court with an application to seek the reopening of her appeal that had been heard and judgment reserved on the grounds that she has got a new lawyer and wanted to amend her brief of argument that had beed adopted by her earlier lawyer.
Justice Abang noted that the appellant/applicant was present in court on June 2 when her substantive appeal was heard along with an application she filed for leave to regularise her brief of argument, with ruling and judgment reserved.
He said it was strange that after participating in the hearing of the her application and appeal, she claimed to have fired her lawyer, Chief Ayotunde Ogunleye (SAN) and engaged Adegboruwa, who sought to have the appeal reopened for her to amend the appellant’s brief which she claimed was beyond the number of pages allowed by the court’s rules.
Justice Abang, who held that Olawumi should not be heard to raise issue of fair hearing, having witnessed the court’s proceedings in which she was represented by lawyers, said there is nowhere the laws under which the appellant/applicant filed her appeal that allow for the filing of the kind of application she brought.
The judge held that since she was present on June 2 and was represented by a lawyer when the appeal and application were heard, Mrs. Olawumi could not turn around to engage a new lawyer, file an application to set aside the proceedings of the court that were lawfully conducted, and apply for the reopening of the appeal.




































