SHAIBU JEBUNI AND YAHAYA WITOL, And PUTIEHA JOHN BADINGU vs. SANJIE MWINIBANKURO AND NANA SHAIBU MWINIBANKURO

RULING MAJORITY OPINION TANKO AMADU JSC:- INTRODUCTION: (1) My Lords, access to justice is a critical indicia and component of the rule of law. As stated by Dr. Date-Bah JSC, in ADOFO VS. ATTORNEY-GENERAL [2003-2005] 1 GLR 239. “unhampered access to the courts is an important element of the rule of law.” The concept seeks to inter alia prevent the refusal to grant an Applicant the opportunity to pursue just claims before the courts and the avoidance of such procedural impediments that may thwart the final resolution of disputes albeit through due process. (2) In pursuance of this objective and in the interest of justice, the framers of the 1992 Constitution have even where statutorily, a litigant is out of time in pursuing a particular claim, whether by appeal or review, created a window by way of a special leave procedure to accommodate such a litigant upon the demonstration that, the matter is worth considering, either in the public interest and/or development of our j...