The Court of Appeal in Makurdi Division declined to entertain an application by Matthew Burkaa, SAN, for a stay of proceedings in a fundamental rights case. The court refused the motion on procedural grounds, emphasizing the need for an appellant's brief of argument which was not provided.
The Court of Appeal, Makurdi Division, has declined to entertain an application filed by Matthew Burkaa , SAN, seeking a stay of proceedings in the enforcement of fundamental rights case brought by Benue All Progressives Congress, APC , Comrade Austin Agada . The appellate court refused the motion on procedural grounds , citing the absence of an appellant’s brief of argument from the counsel to the APC .
Burkaa, representing the APC, sought an hour-long stand-down to prepare and submit the requisite appellant’s brief, noting that November 27 marked the Court of Appeal’s final sitting for 2024. However, this request faced vehement opposition from counsel to the respondent, Usongu Esq., holding the brief of Eyitoya Fatogun, SAN. In its ruling, the court underscored the impracticality of granting a stand-down, adjudicating the application, and delivering a ruling on the same day.
Court Of Appeal Matthew Burkaa APC Austin Agada Procedural Grounds
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