RismadarVoice Reporters, February 6, 2026
Justice Ntong Festus Ntong, JCA, who delivered the lead judgement concurred by his learned brothers: Justice Oyebisi Folayemi Omoleye, JCA and Justice Mohammed Lawal Abubakar, JCA, found the application “bereft of merit” and awarded costs of N3 million against the applicants.
Court of Appeal sitting in Owerri, Imo State has dismissed an application seeking leave to appeal out of time, an injunction to restrain the 2024 judicial appointment exercise in Abia State Judicial Service Commission.
The application arose from a suit instituted by way of originating summons at the National Industrial Court of Nigeria (NICN), where the Attorney-General of Abia State challenged the propriety of a fresh call for expression of interest for the appointment of judges in the State.
The applicants, who were defendants at the trial court, claimed to be candidates shortlisted and interviewed in the 2022 judicial appointment exercise and argued that a fresh 2024 exercise would render pending appeals nugatory.
The NICN presided over by Justice Nelson Ogbuanya delivered judgment on July 26, 2024, confirming the suit of the Hon. Attorney General of Abia State.
Dissatisfied and out of time to appeal, the applicants approached the Court of Appeal seeking extension of time to appeal, leave to appeal, and an injunction pending appeal to halt the 2024 appointment process.
In their arguments, the applicants contended that they had a protectable interest arising from the 2022 exercise and that their delay in appealing was due to the appellate court’s alleged failure to fix their earlier application for hearing within time.
However, the respondents: the Attorney-General of Abia State, the Judicial Service authorities and the National Judicial Council, NJC, urged the court to dismiss the application, arguing that the applicants had no vested or enforceable right arising from the 2022 exercise, which was discontinued due to irregularities and did not culminate in any appointment.
They further argued that the 2024 judicial appointment exercise was a fresh and independent process, duly approved by the National Judicial Council (NJC) and distinct from the 2022 exercise.
In resolving the issues, the Court of Appeal held that applications for extension of time to appeal are not granted as of course and must satisfy two conjunctive conditions: good and substantial reasons for the delay, and grounds of appeal that prima facie show good cause why the appeal should be heard.
Justice Ntong held that the applicants failed on both fronts.
On the merits, the court held that the applicants failed to demonstrate any vested legal right arising from the 2022 judicial appointment exercise, which was stalled before any recommendation or appointment was made.
The appellate court further held that the applicants’ proposed grounds of appeal, including those framed as jurisdictional issues, were not arguable and designed to delay and frustrate the ongoing judicial appointment process in the state.
Consequently, the Court of Appeal which is the apex and the last Court for appeals from the National Industrial Court, dismissed the application in its entirety and awarded costs of N3 million against the applicants, to be paid at N1 million each to the 1st, 2nd and 3rd respondents.
