IN THE COURT OF APPEAL

IN THE PORT HARCOURT JUDICIAL DIVISION

HOLDEN AT PORT HARCOURT

APPEAL NO: CA/PH/242/2012

SUIT NO: NHC/7/2006

BETWEEN
1. CHIEF H. I. EBIFATE
2. CHIEF S. O. OBIENE AFA NATEBO
3. CHIEF J. A. ENENI LELEGIATE
4. CHIEF F. AWOTARIGHA POLO
5. ELDER C. E. GEORGE ODON --- APPELLANTS/APPLICANTS
6. MR. GEORGE MAGNUS TARIGHA
7. DEPUTY CHIEF J. B. DANGANA NABOYAI
8. DEPUTY CHIEF B. OLUKUTU KOKI
(For themselves and on behalf of Amain, Kien, Alagoa and
Koki Group of Houses in Nembe LGA, Bayelsa State)

AND
1. BARIGHA CLEVER BARIGHA
2. GODWILL ONIYE
3. DAVID NGOMUNA
4. DEP. CHIEFINEMI OTUMA YOUNG DEDE ---- 1ST SET OF RESPONDENTS
5. DEPUTY CHIEF NGOZI EKPERI PEKENE
6. TEMPLE ANGADIGHA
(For themselves and on behalf of Kulo/Koko Group of
Houses in Nembe LGA, Bayelsa State)
AND
1. CHIEF P. S. ELDRED ANANAGHA
Secretary, Nembe Chiefs Council
2. CHIEF ALLEN NGO --- 2ND SET OF RESPONDENTS
Treasurer, Nembe Chiefs Council
(For and on behalf of themselves and the
Amanyanabo-in-Council)

APPELLANTS/APPLICANTS’ WRITTEN ADDRESS

IN SUPPORT OF MOTION ON NOTICE DATED 13/7/2021

1.0 INTRODUCTION:
1.1 This is a motion on notice brought pursuant to Order 6 rule 1 and Order 7 rule 8 of
the Court of Appeal Rules 2011 (now Order 6 rule 1 and Order 7 rule 8 of the
Court of Appeal Rules 2021) and the inherent jurisdiction of the Court. It is
praying the orders set out on the motion paper.

1.2 The motion is supported by an affidavit of 9 paragraphs, a schedule of amendment

and 4 exhibits numbered Exhibits A, B, C and D. We humbly rely on all the
paragraphs of the affidavit and the exhibits.

1.3 We adopt the written address as our arguments in support of the motion on notice
and urge this Court to grant the motion as prayed.

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2.0 SUMMARY OF FACTS:
2.1 The parties to this appeal had filed and exchanged briefs of argument and the
appeal was fixed for hearing on 11th February 2021. The Court observed that that
the respondents were not properly numbered on the processes in this appeal.
2.2 On 13th July 2021, the appellants/applicants filed a motion on notice for leave to
amend the notice of appeal and the appellants’ brief of argument and other
processes in this appeal to reflect the proper numbering of the respondents. This
written address is submitted in support of the motion on notice and in compliance
with Order 6 rule 1 of the Court of Appeal Rules 2021.

1.0 ISSUE FOR DETERMINATION:

3.1 The sole issue for determination in this application is: Whether the applicants
have made out a case for the grant of the reliefs sought in this application?
4.0 LEGAL ARGUMENT:
4.1 We refer to Order 7 rule 8 of the Court of Appeal Rules 2021 and paragraphs
3 to 7 of the affidavit in support of this application and submit that this Court
has the power and the discretion to grant an amendment of the notice of appeal
and brief of argument and other processes at any time before hearing as long as
such amendment is not intended to overreach the respondents. See Fajebe v
Opanuga [2019] LPELR-46348 (SC) at page 21 C-D per Okoro JSC.
4.2 It is trite law that not only is a court entitled to make formal amendments, it
indeed has a duty to so do and this duty remains whether it is in the trial court
or any of the courts of appeal. See Oso v Ape [1998] 8 NWLR (Pt. 562) 492 at
504 per Onu JSC. In the instant application, the amendment sought is formal
and harmless as it is intended only to renumber the respondents properly in the
processes before this Court and thereby serve the ends of justice and fairness
and ensure that the complaints of the appellants against the judgement appealed
against are laid and ventilated before the court. In such a case, the court will
usually lean towards accommodating the party in the interest of justice and a
determination of the case on the merits. See Nwora v. Nwabueze [2011] 15
NWLR (Pt. 1271) 467 at 505-506; Pharmatek Industrial Projects Ltd v. Ojo
[1996] 1 NWLR (Pt. 424) 332 at 339; FBN Plc v. May Medical Clinics &
Diagnostic Centre Ltd [2001] 9 NWLR (Pt. 717) 28 at 40.
5.0 CONCLUSION/ PRAYER:
5.1 We submit that the appellants/applicants have made out a case for the exercise
of the Court’s discretion in their favour.
5.2 Accordingly, we urge the Court to grant the application as prayed. We so
move.

DATED the _______ day of _____________ 2022

__________________________
Collins Boleigha, ACIArb Esq.
Dr. Gogo G. Otuturu, ACIArb
(Appellants/Applicants’ Counsel)

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ADDRESSES FOR SERVICE:

The Appellants/Applicants
C/O Their Counsel
Collins Boleigha & Associates
Aretalin Road, By BYSIEC
Ovom, Yenagoa, Bayelsa State
Address for service within jurisdiction:
C/O Dr. Gogo George Otuturu
G. G. Otuturu & Co. (Crown Chambers)
1st Floor, Left Wing
Former Pan African Bank Building
3 Azikiwe Road, Port Harcourt
Tel: 08033036092

The 1st to 6th Respondents (1st Set of Respondents)

C/O Their Counsel
Godfrey Otiotio & Co.
No.66 Okaka Road, Okaka
Yenagoa, Bayelsa State
Address for service within jurisdiction:
C/O Boma Obuoforibo Esq
No.11A Hospital Road
Port Harcourt.
Tel. 08039104927

The 7th and 8th Respondents (2nd Set of Respondents)

C/O Chief (Navy Capt) W. F. Amain (Rtd)
Tombi, Nembe City
Bayelsa State
Tel. 08063469100