APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Whether leave of Court is required to appeal on grounds of fact or mixed law and fact; effect of failure


“In my firm opinion therefore, grounds 1, 2, 3, & 4, as they are presently constituted or couched, raise issues of facts or at best issues of mixed law and fact which by operation of Section 233 (2) & (3) of the Constitution leave first sought and obtained is the sine qua non for the validity of these said grounds. As the mandatory leave was not first sought and obtained for the Appellant to raise and predicate his appeal inter alia on; I should think the 4 grounds are incompetent. They were raised, as of right, in reckless defiance of, and as an affront to, the mandatory provisions of Section 233 (2) & (3) of the extant Constitution.” Per EJEMBI EKO, JSC in ADALMA TANKERS BUNKERING SERVICES LTD & ANOR v. CBN & ORS (2022-LCER-46528-SC) (Pp 83 – 84; Paras F – B)

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