THE Court of Appeal, Abuja has reserved ruling in an application by former Attorney-General of the Federation, Abubakar Malami seeking leave to appeal a ruling of the Federal High Court, the News Agency of Nigeria (NAN) has reported.
When the case was called on Thursday, counsel for the appellant, Mr Joseph Daudu, SAN, told the court that the application was a motion on notice for extension of time to seek leave to appeal.
He said it was also for leave to appeal and extension of time to appeal.
He said his client was seeking leave to appeal the ruling delivered by Justice Joyce Abdulmalik of the Federal High Court.
He said the ruling arose from an application filed by the Economic and Financial Crimes Commission seeking the final forfeiture of Malami’s property.
Daudu said the application was supported by a four-paragraph affidavit as well as the ruling being challenged on appeal.
He urged the court to grant the application, adding that the respondents’ only objection was that the reason advanced for the delay was not valid in view of a Supreme Court decision.
“I submit that that no longer represents the law as the rules of the court require that in filing an interlocutory appeal, the ruling being challenged must be attached.
“So to file an application without attaching the ruling will render the application incompetent, particularly as the delay was from the court,” he said.
Daudu urged the court to grant the application as prayed.
Responding, counsel to the EFCC, Mr Jibril Okutepa, SAN, described the application as unnecessary.
The senior lawyer argued that it fell within the ambit of the fast track practice direction because it related to corruption and corrupt practices.
After listening to arguments from both counsel, the three-member panel of justices led by Justice Abba Mohammed, reserved ruling to a date to be communicated to parties.
The court, presided over by Justice Emeka Nwite, had, on Jan. 6, ordered the interim forfeiture of the 57 properties suspected to be proceeds of unlawful activities.
to the Federal Government.
The judge made the order following an ex parte motion moved by the EFCC.
The judge directed the commission to publish the order in a national daily for interested person(s) to show cause, within 14 days, why all the properties should not be permanently forfeited to the federal government.
The case was, however, reassigned to Justice Obiora Egwuatu after the vacation ended but Egwuatu recused himself from the matter.
He cited personal reasons and in the interest of justice, before it was reassigned to Abdulmalik.
