…Court of Appeal Dismisses Application as Time-Wasting, Awards N6m Costs
The Court of Appeal, Abuja Division, on Wednesday dismissed an application filed by an All Progressives Congress (APC) governorship aspirant in Ekiti State, Mrs. Abimbola Olajumoke Olawunmi, seeking to halt the delivery of judgment in her appeal challenging her disqualification from the party’s governorship primary.
In a unanimous ruling delivered by a three-member panel, the appellate court described the application as “hopeless, reckless and an unpardonable abuse of the judicial process,” holding that it lacked merit and was a waste of the court’s time.
Delivering the lead ruling, Justice Okon Abang said it was unusual for the applicant to seek a reopening of an appeal that had already been heard and reserved for judgment merely because she had changed her legal representation and wished to amend her brief of argument.
The court noted that Olawunmi was present when her substantive appeal and an application to regularise her brief of argument were heard on June 2, 2026, after which the court reserved ruling and judgment. Justice Abang said she could not subsequently engage a new counsel and seek to nullify proceedings that were lawfully conducted.
According to the judge, the applicant voluntarily engaged her former counsel, Chief Ayotunde Ogunleye (SAN), who represented her during the hearing, and therefore could not claim that she was denied fair hearing.
Justice Abang further held that there was no provision under the relevant laws permitting the filing of an application aimed at reopening an appeal after arguments had been concluded and judgment reserved.
“The appellant/applicant cannot seek to argue her appeal in piecemeal. The application by Ebun Olu Adegboruwa (SAN) to arrest the judgment is a joke taken too far,” the court held.
The judge added that there was no basis for setting aside the proceedings of June 2, staying further proceedings, or reopening the appeal, stressing that the applicant had been given adequate opportunity to present her case.
He also cautioned against attempts to anticipate the court’s judgment, noting that litigants should await the court’s final decision rather than seek to frustrate the judicial process through fresh applications.
The court held that the application was a deliberate attempt to prevent the delivery of a ruling and judgment already reserved and described it as an effort to overreach the respondents in the matter.
Consequently, the court dismissed the application and awarded costs of N6 million against Olawunmi, directing her to pay N2 million each to the three respondents — the APC, the Independent National Electoral Commission (INEC), and Ekiti State Governor, Biodun Oyebanji.
The court subsequently fixed 11 a.m. on Thursday for the delivery of its ruling and judgment in the substantive appeal marked CA/ABJ/CV/557/2026.
Olawunmi, an aspirant in the APC governorship primary, had challenged her disqualification by the party before the Federal High Court in Abuja but lost the case. Dissatisfied with the decision, she proceeded to the Court of Appeal.
The appellate court had heard her appeal and all pending applications on June 2 before reserving judgment. However, before the judgment date was communicated to the parties, she filed a fresh application on June 8 through Adegboruwa, seeking, among other reliefs, to set aside the June 2 proceedings and reopen the appeal for rehearing.
It was that application which the Court of Appeal dismissed on Wednesday, describing it as strange, time-wasting and an abuse of the court process.
