PAUL IBOKO v. THE STATE
May 6, 2021ALHAJI HARUNA SULE KALSHINGI VS ALH. SULEIMAN MASORO & ANOR
May 6, 2021DAMILOLA OGUNGBULUGBE v. THE STATE
(2021) Legalpedia (CA) 01518
In the Court of Appeal
HOLDEN AT AKURE
Monday, March 29, 2021
Suite Number: CA/AK/65C/2015
CORAM
RITA NOSAKHARE PEMU
HAMMA AKAWU BARKA
JAMES GAMBO ABUNDAGA
DAMILOLA OGUNGBULUGBE || THE STATE
AREA(S) OF LAW
APPEAL
CRIMINAL LAW AND PROCEDURE
PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Appellant was tried, convicted and sentenced to a term of ten years imprisonment for the offence of illegal prosecution of firearms contrary to, and punishable under Section 3 of the Robbery and Firearms (Special Provisions) Act, Cap R11, Vol. 14, Laws of the Federation of Nigeria, 2004. At the trial, the charge was read to the accused person, who pleaded guilty. The Prosecution called no witness and tendered no exhibits. At the close of the Prosecution’s case, the Court delivered a summary judgment and found him guilty since the charge of illegal possession of firearms was read over to accused in English language and satisfactorily explained to him in Yoruba language before he pleaded guilty to the charge. The Appellant is dissatisfied with the judgment of the Court below hence this appeal. However, the Appellant has failed to compile and transmit the Record of Appeal to this Court within the time stipulated by the law.
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HELD
Appeal Dismissed
Issues Of Determination
Not Available
RATIONES
“It seems to me that the Appellant has failed to compile and transmit the Record of Appeal to this Court within the time stipulated by the law. There is no application before Court seeking extension of time. This renders the Appeal incompetent. The Record of Appeal encapsulates inter alia the Notice and grounds of Appeal. This is the originating process. The absence of the Record of Appeal amounts therefore to no Appeal being before the Court. One cannot import a Notice of Appeal into a Record of Appeal that is non-existent.”
STATUS(ES) REFERRED TO
Robbery and Firearms (Special Provisions) Act, Cap R11, Vol. 14, Laws of the Federation of Nigeria, 2004.|
COUNSELS
Hon. Mohammed Wakil, OON, FNIM, LL.B, BL, LL.M; Okoli Chidi Esq. (JP); P. A. Omoluabi Esq. with him, Aniete Udoh Esq.For Appellant(s)|Adekola Olawoye, Esq. Attorney-General & Commissioner for Justice with him, G. A. Olowoporoku Director of Public Prosecutions and John Dada JoshuaFor Respondent(s)|
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