February 2005 in support of his application. The plaintiffs Counsel argued that the
application was filed out of time in view of the Court's Rules.
27. A1iicle 13(6) of the Court's Rules stipulates that 'Notice shall be given in the Official
Journal of the Community of the date of registration of an application initiating
.
,
pr0 ce ed mgs ........ .
28. And Article 89(1) of the Rules of Court requires an application for intervention to be
made within six weeks from the date of publication of the notice referred to in Article
13(6).
29. The plaintiff's application was filed on 19 April 2004 and was published in the May
2004 edition of the Official Joumal. It is thus clear that the application for intervention
that was filed on 30 November 2004 was out of time.
DECISION OF THE COURT
30. On these grounds The Community Court of Justice, in applying the legal provisions
cited above;
31. In delivering this Judgment publicly, as addressed against Chief Frank Ukor and
Rachad Laleye and Chief J.I. Alinnor, and by default with regard to Rachad Laleye, in
first and last resorts,
32. In the fonn, the Court adjudges and declares the main application of Chief Frank Ukor
inadmissible for lack of merit.
33. Adjudges and declares the voluntary application for intervention from J. I. Alinnor as
inadmissible, for lack of merit and non-observance of time-limit.
34. Paiiies are to bear their own costs.
35. Thus pronounced as judgment in this public sitting at Abuja the 2?1h day of May 2005.
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TONY ANENE-MA~'-'\
CHIEF REGISTRAR
JUSTICE HAN~~- DONLI
PRESIDENT OF THE COURT
CTC
CERliIFIED TRUE COPY
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Data
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