Unprecedented: Court of Appeal Hears, Decides Appeal Same Day

History was made on July 3, 2025, in Nigeria judicial system, when a three man-panel led by Justice Biobele Abraham Georgewill, of the Ibadan Division of Court of Appeal, heard and decided an appeal on the same day.

Other judges that made the unprecedented judicial feat in the appeal are: Justice (Dr.) Kenneth Ikechuckwu Amadi and Justice Fadawu Umaru.

The appeal which the three wise men decided in a day is marked CA/IB/182/2012, with, Mrs Dorcas Odu; Baale Franus Ebelamu Odu; Chief S, Akanni Buraimoh; Segun Odu; Idowu Odu; Alhaji Amusa Adenle; (For themselves and on behalf of Ido-Arobe Chieftaincy Family); and Chief Rasheed N; Chief Sikiru Ilo; Elder Rasheed Babatunde; Mr. Afolabi Fagbohun; Mr. Afolabi Imoga; Mr. Rasak Ajose
(for themselves and on behalf of Iga-Nla Chieftaincy Family) as appellants.

While the respondents were: Chief Moshood Adisa Dada; Chief Wahab Olabode Itu; Alfa Rasheed Akomolafe; Chief (Mrs) Ebo Agbomawi; and Mr. Tajudeen Akomsolafe (for themselves and on behalf of Iga-Ago Chieftaincy Family),

Other include, Baba Oyinbo; T.A Oluyomi; D. Jaiyeola; John Abatan; Mr. George Idowu; Bisirivu Egunjobi; Ose Latifu; Chief Adisa Kuyeebi; Mr. B. L Raimoh Oke; Mr. Amore Akapo; Mr. Muyibi Ariyo; Mr. Julius Adio Ajose; Commissioner For Chieftancy and Local Government Affairs, and Ado-Odo Ota Local Government Council.

The appellants had approached the intermediate court over a judgment delivered by Justice A. A. Akinyemi, of Agbara High Court, Ogun State, who dismissed their land matter bearing suit number HCT/59/2006, against the respondents for lacking in merit, on November 28, 2011.

During the hearing of the appeal, the first to 11 respondents withdrew their opposition to the suit and it was consequently struck out, while the 23rd, 24th and 25th did not filed any processes despite being represented by their various counsel.

By a Writ of Summons filed on 16 2/2006, the 1st-11th Respondents and the Appellants as 1st, 2nd and 3rd Sets of Claimants before the lower Court commenced an action by means of a Writ of Summons against the 12th to 22nd respondents as Defendants claiming several Declaratory and Injunctive Reliefs in respect of landed property situate at Ketu Adie Owe, Paramole, Ayigbaboro Village and Ishaga Idiroko Village.

The Writ of Summons was endorsed by Marcus Babaoye and Co., without the signature of either the Claimants or their named counsel. Subsequently, the Writ of Summons was amended and still without the signature of either the Claimants or any named counsel who signed it.

However, the Writ of Summons was signed by the a Registrar of the lower Court and accompanied by an endorsement dated 16th February, 2006 issued by Marcus O. Babaoye and Co, or Chief Rasheed Bamtefa, Iga-Nla Chieftaincy, Ido-Arobe, Igbesa, Ota, Ogun State and accompanied by a Statement of Claim dated 16/2/2006 and signed by one Nweke Andy Ojo, legal practitioner.

Upon hearing parties’ submissions on the appeal on July 3, the matter was stood down for judgment that same day.

In deciding the appeal, Honourable Justice Biobele Abraham Georgewill who wrote the leading judgement
after reading through all the processes filed by the parties, authorities cited, resolved the sole issue formulated by the parties in favour of the appellants and allowed the appeal.

Justice Biobele consequently, set aside the judgment of the lower Court delivered on November 28, 2011.

The judge held: “On the whole therefore, having resolved the sole issue for determination in favour of the Appellants against all the Respondents, I hold that this Appeal has merit and ought to be allowed. Accordingly, the Appeal is hereby allowed.”

Both Justice (Dr.) Amadi and Justice Fadawu, concurred with Justice Biobele’s reasoning and decision.

It is not yet certain that the Respondents have appealed to the Supreme Court.