Does the Statutory Period for Filing an Appeal or Application for Leave to Appeal Include Public Holidays and Vacation Periods?

CASE TITLE: FALOLA v. NJC & ORS (2025) LPELR-80447(CA)

JUDGMENT DATE: 20TH FEBRUARY, 2025

PRACTICE AREA: APPEAL

LEAD JUDGMENT: ABBA BELLO MOHAMMED, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This is a ruling on an application for leave to appeal the decision of the National Industrial Court on grounds that are not on fundamental rights.

FACTS:

By a motion on notice, applicant/Appellant prayed for the following orders:

1. An order of this Honourable Court granting leave to the Appellant/Applicant to appeal against the judgment of the National Industrial Court in Hon. Justice S. Oyejide Falola v. National Judicial Council (NJC) & 2 Ors in suit no. NICN/ABJ/CS/04/24 delivered on the 8th of July, 2024, on grounds outside questions of fundamental rights as contained in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999.

2. And for such further order(s) as this Honourable Court may deem fit to make in the circumstances.

None of the Respondents filed a counter affidavit to the application. However, when the application came up for hearing, the 1st Respondent challenged the competence of the application and the jurisdiction of the Court to entertain same. It contended that by Section 243(3) of the 1999 Constitution, the Applicant has a right to seek leave to appeal, but he pointed out that the judgment of the trial Court which he seeks to appeal against was delivered on 8th July, 2024, while this application was filed on 30th October, 2024. He argued that by Section 24(2)(a) of the Court of Appeal Act, the Applicant had three months to seek leave to appeal, and this application was filed beyond the three months allowed.

ISSUES FOR DETERMINATION:

The Court of Appeal considered whether the application was competent.

DECISION/HELD:

In conclusion, the Court struck out the application for incompetence and for lack of jurisdiction to entertain the same.

RATIOS:

• APPEAL- APPEAL AGAINST INTERLOCUTORY RULING/FINAL DECISION: Time within which to appeal against a final decision; effect of failure to seek extension of time to appeal same when time has expired
• APPEAL- APPEAL AGAINST INTERLOCUTORY RULING/FINAL DECISION: Whether the statutory period for filing an appeal/application for leave to appeal takes vacation periods and public holidays into account
• APPEAL- APPEAL AGAINST INTERLOCUTORY RULING/FINAL DECISION: Time within which to appeal against a final decision; effect of failure to seek extension of time to appeal same when time has expired

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