Mohammed Abacha, son of the late General Sani Abacha, has initiated proceedings to challenge a recent judgment of the Court of Appeal that dismissed his bid to reclaim ownership of Malabu Oil and Gas Limited.Abacha’s legal team, led by Reuben Atabo (SAN), has filed a motion on notice seeking leave from the Court of Appeal to appeal its May 23 judgment before the Supreme Court.
In the May 23 decision, the Court of Appeal in Abuja allowed an appeal marked CA/ABJ/CV/53/2021 filed by Nigerian Agip Exploration Ltd and dismissed Abacha’s suit—FHC/ABJ/CS/201/2012—filed in the name of Malabu Oil and Gas Ltd, ruling that it was wrongly instituted.
In the motion filed on June 4, Malabu is requesting permission to appeal on grounds that involve mixed issues of law and fact. The motion also seeks approval to raise fresh legal questions related to several grounds in the proposed notice of appeal.
Atabo explained that the motion is necessary because his client is dissatisfied with the Court of Appeal’s ruling and intends to contest it at the Supreme Court. He noted that the proposed appeal includes both mixed law and fact, as well as fresh legal issues—necessitating the court’s leave.
Supporting the application, Malabu argued in an affidavit that the proposed appeal raises substantial legal questions that merit consideration by the Supreme Court. Edwin John, who deposed to the affidavit, stated that the appeal has strong prospects of success and that granting the motion would serve the interest of justice.
John also emphasized that denying the motion would permanently bar Abacha from exercising his constitutional right to appeal the decision. He assured the court that the respondents would not be prejudiced by the grant of the motion.
Source : https://thenationonlineng.net/
