PACERS MULTI-DYNAMICS LTD & ANOR v. ECOBANK PLC
April 11, 2025KAMAR RAJI ESQ. v TRUCK SABINOS NIGERIA LTD.
April 11, 2025Legalpedia Citation: (2018-05) Legalpedia (SC) 18911
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu May 31, 2018
Suit Number: SC. 155/2007
CORAM
PARTIES
DR. AJEWUMI BILI RAJI APPELLANTS
1. UNIVERSITY OF ILORIN2. THE GOVERNING COUNCIL, UNIVERSITY OF ILORIN3. STAFF AND APPEALS COMMITTEE, UNIVERSITY OF ILORIN4. PROFESSOR SHUAIB OBA ABDULKAREEM (VICE CHANCELLOR, UNIVERSITY OF ILORIN)5. MR. MURTALA TUNDE BALOGUN (REGISTRAR AND SECRETARY GOVERNING COUNCIL, UNIVERSITY OF ILORIN). RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
APPEAL, COURT, JURISDICTION, PRACTICE AND PROCEDURE
SUMMARY OF FACTS:
In February, 2000, the Appellant who was a Senior lecturer in the 1st Respondent’s University was awarded the Alexander Von Humboldt Research Fellowship tenable in the Federal Republic of Germany. The Appellant thereupon applied for leave to utilize the external award from the Administration of the University. When, by 13th March, 2000, it dawned on the Appellant that the Appointments and Promotions Committee of the University, which is the body invested with such power, would not be convened before March 29th, 2000, the scheduled date for his departure for the award, the Appellant forwarded an application directly to the Vice-Chancellor, the 4th Respondent, for executive approval of his application for leave to utilize the scholarship award. Up until the date he was set and did travel, the Vice-Chancellor had not approved the leave, despite the urgency. Immediately after the Appellant had left the country, the 4th Respondent ordered the Bursary Department to stop his salary. The Appellant was eventually accused of absconding from the University. However, at the end of some disciplinary proceedings in this respect, the Appellant was directed to return to the University on December 21, 2000, but the letter intimating him of this development was received by him in Germany on December 19, 2000. Upon the Appellant’s failure to return to the University as directed, his employment was terminated hence, the Appellant filed an action at the trial court claiming some reliefs. The trial court dismissed the Appellant’s case and an appeal to the Court of appeal was unsuccessful. He has further appealed to this court. The Respondents filed a Notice of preliminary objection wherein they challenged the competence of the Appellant’s appeal on the ground that the Notice of Appeal was not signed by a legal practitioner known to law.
HELD
Appeal Dismissed
ISSUES
None
RATIONES DECIDENDI
NOTICE OF APPEAL- REQUIREMENT FOR SIGNING A NOTICE OF APPEAL
“The case law on ground right now is that a Notice of Appeal must be signed by the appellant or his legal representative, and where such a representative is a legal practitioner he must be qualified to practice in Nigeria. A Notice of Appeal not signed by a person recognised to practice law in Nigeria would be deemed incompetent. In this I seek solace in N.N.B Plc v Denclag Ltd (2005) 4 NWLR (Pt.916) 549; Registered Trustee of the Apostolic Church, Lagos Area v Rahman Akindele (1967) ALL NLR 110.”
SIGNING OF AN ORIGINATING PROCESS – PROCEDURE FOR APPENDING THE SIGNATURE OF A LEGAL PRACTITIONER ON AN ORIGINATING PROCESS
“A cursory look at the end part of the Notice of Appeal above showcased in full shows that the identity of the person who signed the said Notice is not discernible in for Dayo Akinlaja purportedly signing. That is to say that the identity of the signatory or an indication that the person who signed it is an enrolled legal practitioner in Nigeria, the signature appended for Dayo Akinlaja being a scribble. This goes against what is now the laid down procedure for the appending of signatures of a legal practitioner on an originating process such as a Notice of Appeal. In this I cite the case of Onward Enterprises Ltd v Olam International Ltd (2010) All FWLR (Pt.531) 1503 at 1523 per Muktar JCA thus:
The person signing is required to write his name on long hand and in a legible and readable manner in order to satisfy the requirement of signature, which mere scribbling fall short of. I am not saying that the signature must be readable, but the name of the signatory must be clearly stated on the notice of appeal which must be that of a legal practitioner.”
NOTICE OF APPEAL – EFFECT OF AN INVALID NOTICE OF APPEAL ON THE JURISDICTION OF A COURT
“As posited by learned counsel for the respondent, the defect alluded to is fundamental and a Notice of Appeal is an originating process which is what activates the jurisdiction of this court and so since the appellant himself did not sign the document and appellant’s counsel has put out himself to sign on behalf of his client, then it behoves on him in bounden duty to do so properly. This is because, without a valid Notice of Appeal, the foundation is lacking and the appeal is automatically rendered incompetent and with it flying out of the window is the jurisdiction of the court. See Odofin v Agu (1992) 3 NWLR (Pt.229) 350; NBN v NET (1986) 3 NWLR (Pt. 31) 667; Atuyeye v Ashamu (1987) 1 NWLR (Pt.49) 276; Nwaeze v Eze (1999) 3 NWLR (Pt.594) 410 at 418; NNB Plc v Denclag Ltd (2005) 4 NWLR (Pt.916) 549 at 574.”
NOTICE OF APPEAL- PRE-REQUISITE FOR A LEGAL PRACTITIONER TO SIGN A NOTICE OF APPEAL
“It is trite that a notice of appeal is an originating process as far as an appeal is concerned. Such a process must be properly signed for it to be legally binding. Where notice of appeal is signed by a legal practitioner, it must be signed by such legal practitioner whose name can be found in the roll of legal practitioners. It cannot be signed “for” any legal practitioner or by an unidentified person, see Okafor v. Nweke (2007) All FWLR (pt. 368) 1016, Okwuosa V. Gomwalk & ors. (2017) LPELR – 41736 (SC); Emeka v. Ikpeazu & ors (2017) LPELR – 41920 (SC).”
NOTICE OF APPEAL – STATUS OF AN UNSIGNED NOTICE OF APPEAL
“A Notice of Appeal is the foundation of an appeal. If it is not signed by the appellant or the legal practitioner representing him, such a document remains void and a court would not have jurisdiction to hear an appeal on such a document. An unsigned Notice of Appeal is worthless and void. A complete nullity. See p35. Registered Trustees of the Apostolic Church v R. Akinde (1967)NMLR p.263.
NOTICE OF APPEAL – EFFECT OF HEARING AN APPEAL ON AN UNSIGNED NOTICE OF APPEAL
“Where a Notice of Appeal is not signed, and the court proceeds to hear the appeal, it would be as if the hearing never took place. This is so since one cannot put something on nothing and expect it to stand. See UAC v Mcfoy (1962) ACP 152.”
CASES CITED
STATUTES REFERRED TO
Evidence Act, 2011 (as amended)
