EJEMBI EKO, J.C.A.:(Delivering the Leading Judgment)This appeal is against the decision of the Rivers State High Court (coram: S.O. Iragunima, J) delivered on 22nd October, 2002 in the suit no NHC/22M/1997. The suit was for a judicial review of the decision of the Customary Court sitting at Okrika in the suit no OCC/61/1995. The decision of the customary court sought to be reviewed through order of certiorari was itself delivered on 6th December, 1995.
The application for order of certiorari to quash the decision of Okrika Customary Court delivered on 6th December, 1995 was commenced on 12th August, 1997 through a motion ex parte filed the same day. The certiorari proceeding seeking to quash the judgment of the Okrika Customary Court was thus filed more than 20 months after the decision delivered on 6th December, 1995. The present 1st set of Respondents challenged the competence of the application for order of certiorari to issue to quash the judgment of the Customary Court on the gro…