“5.08. It is contended that hearing has not commenced in this Suit but a Hearing
date has been fixed this is notwithstanding that the Hon. Court was gracious
enough to grant the 1, 2, 3, 6, and 7th Respondents leave to file their Statement of
Defence after a prolonged time. Also the 4th and 5th Respondents are yet to file
their Statement of Defence. Humbly referred to paragraph 18 of the Affidavit.”
“5.09. It is submitted that there is no Litis Contestatio between the Applicants and
the 3rd Respondent.”
“6.00. It is submitted that this Application is primarily to enable the Applicants
repair their case in time and in line with Counsels new experiences and knowledge
acquired at the 7th Judicial Retreat of the ECOWAS Court held in Owerri see
paragraph 4 and 5 of the Affidavit and paragraph 17 of the Affidavit.”
“6.01. This is strongly contended that this will enable the Hon. Court to do
substantial Justice and preserve the Res which subject matters anchors on the need
for save Humanity from extinction. See paragraphs 28. It has become necessary to
effect these corrections at this stage as there is no provision for appeal when the
Court takes a decision. See paragraphs 13, 14, 15, of the Affidavit.”
“6.02. Punishment if any will be visited on Counsel if the Hon. Court refuses this
Application. However, Article 28 of the ECOEAS Court Rules provides some
privileges and immunity to actions of Counsel in a Suit pending before this Hon.
Court while appearing as Counsel before it. See paragraph 26.”
- 9 “6.03. The Applicants faced the misfortune of again losing all the case files when
thieves broke into the vehicle of one of the Applicants Counsel at Owerri in June,
2015 which act necessitated a letter informing this Hon. Court and their Counsel of
the development through a Sworn Affidavit of loss. See paragraphs 19, 20 and 21
of the Affidavit in Support.”
“6.04. We therefore contend that Applicants have made out cogent reasons in the
body of the Affidavit which the Hon. Court can lean towards in exercising its
discretion in favour of the Applicants. This would be in line with doing Substantial
Justice.”
“CONCLUSION:
“The Hon. Court is urged to resolve the sole issue in the affirmative and grant the
Applicants prayer. May it please the Hon. Court.”