The Abuja Division of the Court of Appeal has imposed a punitive cost of N6 million on an All Progressives Congress (APC) governorship primary aspirant in Ekiti State, Mrs Abimbola Olajumoke Olawunmi, over what the court described as a clear attempt to arrest a judgment that had already been reserved for delivery.
In a unanimous judgment delivered on Wednesday by Justice Okon Abang, on behalf of a three-member panel, the appellate court reaffirmed the principle that litigation must come to an end and that courts will not allow parties to undermine the judicial process through last-minute procedural manoeuvres after a matter has been fully heard and reserved for judgment.
The appeal arose from the judgment of the Federal High Court delivered on April 15, 2026, in suit marked FHC/ABJ/CS/2221/2025, which dismissed Mrs Olawunmi’s challenge to her disqualification from the APC governorship nomination process.
The respondents in the appeal are the APC, the Independent National Electoral Commission (INEC), and the Governor of Ekiti State, Hon. Abiodun Abayomi Oyebanji.
After hearing arguments from all parties, the Court of Appeal reserved judgment in the matter.
However, after the proceedings had been concluded and while awaiting judgment, the appellant filed a fresh application seeking far-reaching orders, including the setting aside of the entire appellate court proceedings, leave for Chief Ebun-Olu Adegboruwa, SAN, to take over the matter as new counsel, and permission to amend the appellant’s brief of argument.
The respondents strongly opposed the application.
In the judgment, Justice Abang meticulously reviewed the facts and procedural history of the matter and found the application wholly unmeritorious.
The court noted that the application was filed on June 16, 2026, long after the appeal had been argued and judgment reserved.
Justice Abang observed that when the appeal came up on June 2, 2026, the appellant was personally present in court and represented by counsel of her choice, who actively participated in the proceedings and adopted the relevant applications before the court.
According to the court, the appellant had fully engaged in the judicial process and could not, after the matter had been concluded, seek to unravel the proceedings merely because judgment had not yet been delivered.
Justice Abang held that by seeking to change counsel, amend briefs, and set aside proceedings after judgment had been reserved, the appellant was effectively asking the court to do the impossible.
The court described the application as an attempt to arrest a reserved judgment and declared that such a procedure is unknown to law and cannot be permitted.
The court emphasised that the appellant had compiled and transmitted the record of appeal, received hearing notices, engaged counsel voluntarily, and was given every opportunity to present her case. Consequently, there was no factual or legal basis for any complaint of denial of fair hearing.
Justice Abang further held that a litigant cannot speculate on the outcome of a reserved judgment and then, in what he described as “indecent haste”, seek to reconfigure legal representation and reopen proceedings that had already been concluded.
The ruling is another illustration of the judicial philosophy that courts must safeguard the integrity of their processes and resist attempts to derail the orderly administration of justice.
By refusing to allow concluded proceedings to be reopened through late procedural intervention, Justice Abang reinforced the long-settled principle that judicial proceedings cannot be held hostage by strategic applications aimed at delaying or frustrating the delivery of judgments.
The court also expressed surprise that the application emanated from a senior member of the Bar and concluded that it was designed to overreach the respondents after issues had already been joined and the appeal concluded.
Finding the application entirely lacking in merit, the Court of Appeal dismissed it and awarded costs of N2 million each against the appellant in favour of the APC, INEC, and Governor Oyebanji, bringing the total cost to N6 million.
Justice Abang made it clear that the substantial costs were intended not only to compensate the successful parties but also to serve as a deterrent against similar conduct in future litigation.
The post “Attempt To Arrest Reserved Judgment Unknown To Law” — Court Of Appeal Slams ₦6m Cost On Ekiti APC Aspirant Over Last-Minute Bid To Reopen Case appeared first on TheNigeriaLawyer.
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