Legalpedia Citation: (2015-02) Legalpedia (SC) 79316
In the Supreme Court of Nigeria
Fri Feb 13, 2015
Suit Number: SC SC.214/2013
CORAM
KUDIRAT MOTOMORI OLATOKUNBO KEKERE-EKUN JUSTICE SUPREME COURT
PARTIES
1. CHUKWUMA OGWE2. PIUS AGI APPELLANTS
INSPECTOR GENERAL OF POLICE & ORS.
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants initiated Fundamental Right Enforcement proceedings against at the Respondents at the Rivers State High Court. The trial Court dismissed the Appellant’s suit. Dissatisfied with the judgment of the trial Court, the Appellants appealed to the Court of Appeal and filed notice of Appeal and paid the requisite filing fees as it was assessed by the Appeal Registry of the trial Court. On the day the appeal came up for hearing, the Appellants’ Counsel went to the premises of the Appellate Court around 8.35am only to find the gate of the Court locked with a notice pasted at the gate to the effect that the Judiciary Staff Union of Nigeria was on strike. The Appellants’ Counsel waited till 10.00am and left when he could not gain access to the court room. Unfortunately, the Appellate Court sat later in the day; raised the issue of the inadequacy of the filing fees by the Appellants suo motu and struck out the appeal in the absence of the Appellants and their Counsel. Dissatisfied with the trial Court’s decision, the Appellants appealed to the apex Court.
HELD
Appeal allowed
ISSUES
1. Whether the Court of Appeal was right in holding that the payment of the sum of N3,100.00 (three thousand Naira) only which said sum of money was duly accessed by the Registrar of the Appeal Registry of the High Court of Rivers State in accordance with the provisions of the State’s High Court Civil Procedure Rules as fees for the filing of the Notice of Appeal by the Appellants which is less than the sum of N5,000.00 (five thousand Naira) provided for in Order 12 Rule 1 of the Court of Appeal Rules 2007 robs the Court of Appeal the jurisdiction to entertain the Appeal and the Appeal accordingly struck out. This is distilled from ground A & B of the Notice and grounds of Appeal?
2. Whether the fault of a Registrar of Court in assessing inadequate filing fees for the filing of a Notice and Grounds of Appeal is that of an innocent litigant or his Counsel. This is distilled from ground C of the Notice and Grounds of Appeal.
3. Whether the Court of Appeal has the jurisdiction to strike out the Appellants’ appeal on an issue raised suo motu by the court without first hearing parties to the appeal. This issue is distilled from ground D of the Notice and Grounds of Appeal.”
RATIONES DECIDENDI
COURT PROCESS – WHEN IS A COURT PROCESS DEEMED DULY FILED?
“A document or process is deemed duly filed when it is taken to the court registry, assessed, by the officer assigned the responsibility and paid for”. PER M. D. MUHAMMAD, J.S.C.
FILING AN APPEAL – PROCEDURE FOR FILING AN APPEAL WITHIN TIME – SECTION 24 OF THE COURT OF APPEAL ACT
“The practice that has evolved over the years is for an appellant whose appeal is within the time prescribed under Section 24 of the Court of Appeal Act to file his appeal to the lower court at the registry of the court against which decision the appeal is being filed. And this is what the appellant herein did. It is at that registry that he paid the fees the officer of court assigned for the purpose assessed and requested him to pay. Having paid the fees and left his Notice of appeal at the Registry with the officer responsible, the appeal on the authorities is deemed properly filed.”PER M. D. MUHAMMAD, J.S.C.
APPEAL – DEFINITION OF APPEAL
“It is worthwhile to note that Section 30 of the Court of Appeal Act defines an appeal to include an application for leave to appeal and an appellant to include the person who makes such application.”PER M. D. MUHAMMAD, J.S.C.
RECORD OF APPEAL – EXTENT OF AN APPELLATE COURT’S JURISDICTION WITH RESPECT TO THE RECORD OF APPEAL
“An appellate court has no jurisdiction to read into the Record what it does not contain or to read out of the Record what it contains. It must read, interprete and apply the exact content of the record without more.” PER M. D. MUHAMMAD, J.S.C.
ISSUE RAISED SUO MOTU – THE COURT SHOULD HEAR PARTIES WHERE IT RAISES AN ISSUE SUO MOTU BEFORE REACHING A DECISION ON SAME
“The law only directs that where the court raises an issue suo motu it hears the parties before reaching a decision on the issue as raised.”PER M. D. MUHAMMAD, J.S.C.
FILING AN APPEAL – AN APPEAL IS DULY FILED ONCE IT IS SHOWN THAT THE APPELLANT HAS PAID THE FILING FEES
“In any event once it is shown that the appellant has paid the filing fees as assessed by the officer whose responsibly it is to do so, whether at the trial court or the Court of Appeal as the case may be, the appeal is, on the authorities, duly filed and same cannot be legally struck out.
Where the fault of the payment of inadequate filing fees in respect of the appeal is traceable to the officer who assessed the fees it would be unfair not to place the blame where it truly is. See lyalabani Co Ltd V. Bank of Baroda (1995) 4 NWLR (Pt 387) 20, Bowaje V. Adediwura (1976) 6 SC 143, Doherty V. Doherty (1964) 1 NLR 299 and Ahmadu V. Salawu (1974) 1 NLR (Pt 11) 318”. PER M. D. MUHAMMAD, J.S.C.
DOCTRINE OF STARE DECISIS – OPERATION OF THE DOCTRINE OF STARE DECISIS
“The lower court by its decision instantly appealed against failed to appreciate the place of the doctrine of stare decisis or precedent in the adjudication process. The doctrine does not allow for the exercise of discretion in an issue the court previously decided when that same issue subsequently surfaces before the court for determination. It is this age old rule of practice that gives law its certainty and equilibrium in the society. See; Rossek V ACB Ltd (1993) 8 NWLR (Pt 312) 382, Cyril O. Osakwe V. Federal College of Education Asaba &ors (2010) 10 NWLR (Pt 1201) 1 at 16, Shetima and Ors V. Goni &ors (2011) NWLR (Pt.1279) 413 at 425 and Amaechi V. INEC (2007) 18 NWLR (Pt 1065) 42..” PER M. D. MUHAMMAD, J.S.C.
CASES CITED
STATUTES REFERRED TO
Constitution of the federal Republic of Nigeria, 1999 as amendedCourt of Appeal Rules, 2011High Court (Civil Procedure) Rules of Rivers State