OGWUEGBU, J.C.A. (Delivering the Leading Ruling): The defendant/applicant brought this application pursuant to S.213(3) of the Constitution of the Federal Republic of Nigeria, 1979 for an order of this court granting him leave to appeal to the Supreme Court against the decision of this court delivered on 12th July, 1989.
When the application came up for hearing Chief Esan learned counsel for the respondents raised a preliminary objection to the application. It was his contention that this court had lost jurisdiction to entertain the application because the time within which the applicant should appeal to the Supreme Court had expired. He said that the judgment of this court was delivered on 12th July, 1989 and the present application was filed on 23rd October 1989 - more than three months after the judgment was delivered. That the period within which this court was on vacation is inclusive of the statutory period of three months. Mr. Fashanu for the applicant said that he had no object…