The Court of Appeal sitting in Lagos has dismissed an appeal filed by Prince Sammy Adebiyi and another against Lagos State Governor Babajide Sanwo-Olu and six others.
A three-man justices of the Court of Appeal, Justice Folasade Ojo, Justice Paul Bassi and Justice Uwabunkeonye Onwosi took the decision in respect of a suit, CA/LAG/CV/46/2020, following failure of the appellants to prosecute the appeal diligently.
When the matter came up before the appellate court on Wednesday, A.O. Fagbolade announced appearance for 1st and 2nd respondents; M.A. Bashua (SAN) with E.O. Lawal for the 3rd respondent, while A. A. Osara appeared for the 5th respondent with H. Yusuf.
The registrar informed the court that counsel for the appellant is served with hearing notice via e-mail and SMS on February 19, 2026 on 08082559705.
The registrar said counsel for the 6th and 7th respondents were also served with hearing notice on February 18, 2026.
The registrar informed the court that there was no service on the 4th respondent as the respondent was no longer at the address provided for service.
Consequently, Bashua urged the court to strike out the appellant’s motion filed on November 26, 2020 for want of diligent prosecution.
He reminded the court that on 19th November, 2025, the appellants were not in court when the matter came up to argue their motion dated November 26, 2020 and were again not in court on Wednesday.
Bashua urged the court to strike out the appellant’s brief of argument filed on November 26, 2020 as incompetent and because there was no application to regularise it.
“I shall be praying my Lords to dismiss the appeal for failure of the appellants to file brief within the time stipulated by the rules of the court pursuant to provisions of Order 19 Rule 10(1) of the Court of Appeal Rules 2021”, he submitted.
Other respondents’ counsel, Folagbade and Osara, aligned with the submission of the learned silk.
The appellate court granted their prayer and subsequently struck out the motion dated November 26, 2020 for want of diligent prosecution.
“This is a 2020 appeal for which the appellant has not filed an appellants brief of argument. Time within which to so do has since lapsed and there is no application for extension of time within which to do so pending before the court.
“Counsel for the respondents have applied that this appeal be dismissed for failure of the appellant to file their brief of argument. Application is granted. Appeal is dismissed pursuant to the provision of Order 19 Rule 10(1) of the Court of Appeal Rules 2021”, the court held.
