CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
PARTIES
COMMISSIONER OF POLICE
APPELLANTS
ANTHONY ABURIME
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – CONVICTION – SENTENCE
SUMMARY OF FACTS
The Respondent was alleged to have corruptly given the sum of N200.00 as gift for coke to a public official to refrain from further investigation of or act corruptly and partially in the investigation, thus was charged for Official corruption.
HELD
The Court held that the notice as filed was incompetent and struck it out.
ISSUES
Whether the notice of appeal filed by the appellant was competent
RATIONES DECIDENDI
CRIMINAL APPEAL
“Where the ground of appeal involves questions of law alone, any decision of the Federal Court of Appeal on an appeal from a decision in any criminal proceedings before the High Court or the Federal Revenue Court sitting at first instance.” Per Ayo G. Irikefe J.S.C
JURISDICTION OF THE SUPREME COURT
The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the High Court of a territory or the Federal Revenue Court.” Per Ayo G. Irikefe J.S.C
CASES CITED
Commissioner of Police v. Smart Ededey (1963) All NLR. p.404
Aviagents Ltd. v. Balstravest Investments Ltd. (1966) 1 WLR p.150
STATUTES REFERRED TO
The High Court Laws of the former Western Nigeria as in force in the Ogun, Ondo, Oyo and Bendel States.
Constitution of the Federation, 1963