RULING OF THE COURT
1. S.A.J [the applicant] intends to file an appeal before the Supreme Court against the judgment of this Court, that is, Civil Appeal No. 188 of 2009 [O’Kubasu, Aganyanya and Waki, JJ.A] delivered on 10th June, 2011. The applicant has brought the notice of motion under the provisions of Article 163 (4) (1) the Constitution which provides:
“Appeals shall lie from the Court of Appeal to the Supreme Court-
(a) ....
(b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5). ...”
2. Although a certificate can be sought either in the Supreme Court or from the Court of Appeal, the Supreme Court has held that it is a good practice to originate the application in the Court of Appeal. In a recent decision by the Supreme Court, the case of; SUM MODEL INDUSTRIES LTD v. INDUSTRIAL and COMMERCIAL DEVELOPMENT CORPORATION, SC CIVIL APPLICATION NO. 1 OF 2011, the Court observed inter …