DAMILOLA 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

RECORD OF APPEAL – EFFECT OF FAILURE TO COMPILE AND TRANSMIT THE RECORD OF APPEAL WITHIN THE TIME STIPULATED BY THE LAW

“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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