CORAM
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AYO G. IRIKEFE , JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
AKAI AKPAN UDO EKWERE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s appeal from a conviction for murder was struck out on the grounds that it was improperly headed.
HELD
The court allowed the appeal
ISSUES
Whether the lower court was right in striking out the appellants appeal.
RATIONES DECIDENDI
DUTY OF COURT TO PROTECT SUBSTANTIAL JUSTICE
Substantial justice should not be allowed, wherever possible, to be overcome by procedural irregularity which could be cured by proper exercise of courts discretion- Aniagolu J.S.C
DUTY ON APPEAL COURT TO CONSIDER THE CIRCUMSTANCES OF A CASE BEFORE STRIKING IT OUT ON TECHNICAL GROUND
It behoves the Federal Court of Appeal to consider all the circumstances before embarking on technicalities to strike out an appeal against conviction for capital offence of murder – Obaseki J.S.C
CASES CITED
Nofiu Surakatu v. Nigeria Housing Development Society Ltd. (1981) 4 S.C. 26.
Addis Ababa v. Adeyemi (1976) 12 S.C. 51
STATUTES REFERRED TO