Legalpedia Citation: (2015) Legalpedia (SC) 71113
In the Supreme Court of Nigeria
Fri Mar 6, 2015
Suit Number: SC. 278/2012
CORAM
IBRAHIM TANKO MUHAMMAD (Lead Judgment), JUSTICE, SUPREME COURT.
CHIMA CENTUS NWEZE JUSTICE, SUPREME COURT
PARTIES
DR. OKEY IKECHUKWU APPELLANTS
FEDERAL REPUBLIC OF NIGERIA YUSUF MOHAMMED AGABISTANLEY AMADI BROWN RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant and the 2nd and 3rd Respondents were charged before the Federal High Court, Abuja for offences under the Corrupt Practices and other Related Offences Act, 2000. After arraignment, he sought for an order quashing the charge on the grounds that since the ICPC was a delegate of the prosecutorial powers of the Federal Attorney General, it could not sub-delegate such powers to a private prosecutor. The trial court dismissed the objection and this prompted him to appeal to the Court of Appeal, Abuja. At the lower court, the Respondent filed a preliminary objection challenging the competence of the Appellant’s appeal on the failure of the Appellant to sign his Notice of Appeal personally. The lower court upheld the said objection and, in consequence, struck out the Appellant’s appeal. He has further appealed to this court.
HELD
Appeal Dismissed
ISSUES
Whether the lower court was right when their (sic, Their) Lordships held the appellant’s failure to personally sign the Notice of Appeal operates to rob the Court of requisite jurisdiction to entertain the appellant’s appeal?Whether the lower court’s failure/refusal/neglect to consider and make pronouncement on all the issues submitted for determination was proper in law?
RATIONES DECIDENDI
ABSENCE OF JURISDICTION – AN ABSENCE OF JURISDICTION ON THE COURT TO HEAR A MATTER, ROBS IT OF THE JURISDICTION TO PRONOUNCE ON THE MAIN ISSUE IN THE APPEAL
“lf the Court has no jurisdiction to hear the matter, a pronouncement on the main issue in the appeal will be an exercise in futility as any proceeding conducted without jurisdiction is a nullity no matter how diligently conducted. See National Bank v. Soyeye (1977)5 SC 181, Ndeayi v. Osunnaya (1977) 1 SC 11”. PER N.S.NGWUTA, J.S.C
NOTICE OF APPEAL – AN UNSIGNED NOTICE OF APPEAL RENDERS THE APPEAL INCOMPETENT “This court has been consistent in stating that where the originating process or initiating process, i.e. the Notice of Appeal is not signed by the appellant in criminal appeal
NOTICE OF APPEAL – AN UNSIGNED NOTICE OF APPEAL RENDERS THE APPEAL INCOMPETENT
“This court has been consistent in stating that where the originating process or initiating process, i.e. the Notice of Appeal is not signed by the appellant in criminal appeals, the appeal is incompetent. See further Ipasa v. AG Bendel (1981) 9 SC P.7.” PER O. RHODES-VIVOUR, J.S.C
JURISDICTION OF THE COURT OF APPEAL – THE JURISDICTION OF THE COURT OF APPEAL IS STATUTORY
“The jurisdiction of the Court of Appeal to entertain appeals does not derive from the sky or, to put it in the old Latin expression, in nubibus. It is rather statutory; it is, equally, guided by its Rules”. PER C.C.NWEZE, J.S.C
NOTICE OF APPEAL – A NOTICE OF APPEAL IS AN INITIATING PROCESS- A CONDITION PRECEDENT TO A VALID NOTICE OF APPEAL IN A CRIMINAL CASE IS THAT THE NOTICE OF APPEAL SHOULD BE SIGNED BY THE APPELLANT IN LINE WITH ORDER 17 RULE 4 OF THE COURT OF APPEAL RULES
“A notice of appeal is an initiating process and failure by the appellant to sign the notice personally is an incurable defect which renders the notice of appeal incompetent. lt is a condition precedent to a valid notice of appeal in a criminal case that the notice be signed by the appellant himself in line with Ord. 17 r.4 of the Court of Appeal Rules”. PER N. S. NGWUTA, J.S.C
ISSUES BEFORE THE COURT – AN INTERMEDIATE COURT UNLIKE THE APEX COURT HAS A DUTY TO PRONOUNCE ON ALL ISSUES BEFORE IT
“It cannot be gainsaid that, as a general rule, an intermediate court, like the lower court, has a duty to pronounce on all the issues before it, Federal Ministry of Health v Comet Shipping Agencies Ltd. [2009] 9 NWLR (pt. 1145) 193;Samba Petroleum Ltd and Ors v UBA Plc and Ors [2010] 6 NWLR (pt ) 530, 531; Brawal Shipping v Owonikoko [2000] 6 SCNJ 508, 522; Adeogun v. Fasogbon [2011] 8 NWLR (pt. 1250) 427; Ovunwo v. Woko [2011] 17 NWLR (pt. 1277) 522. That court is unlike this final court. As it is well-settled now, one major attribute which inheres in this court as the apex court is its power of isolating just one decisive issue, amongst others before it, and determining the appeal based on it, Shasi v Smith [2010] 6 NWLR 6 WRN 39, 68; Uzuda v Ebigah [2009] 48 WRN 1”. PER C.C.NWEZE, J.S.C
NOTICE OF APPEAL – ALL APPEALS SHOULD BE INITIATED THROUGH A NOTICE OF APPEAL
“Rights of appeal from the High Court to the lower court are exercisable in accordance, inter alia, with the Court of Appeal Rules. Order 6 Rule 2 (1) of the Court of Appeal Rules, 2011 prescribes that every appeal shall be initiated through a Notice of Appeal. Such a notice is thus the most important foundational step in the building block in the appeal pyramid. Thus, any defect in it would render the appeal incompetent Okeke Amadi v. Okeke Okoli [1977] 7 SC 57, 58; Adefekan v. ECU-Line NV[2006] 12 NWLR (pt. 993) 33; Okolo v UBN Ltd. [2004] 3 NWLR (pt. 859) 87; Ikweki v Ebele [2005] 11 NWLR (pt. 936) 397; Akpan v Bob [2010] 17 NWLR (pt. 1224) 421; General Electric Co. v Akande [2010] 18 NWLR (pt. 1225) 596; Thor v FCMB Ltd [2002] 2 SCNJ 85; Ebokam v Ekwenibe and Sons Trading Coy Ltd[1977]7 SCNJ 77; Uwazurike and Ors v FRN(2007) LPELR -3448 (SC) 14, D-E”. PER C.C.NWEZE, J.S.C
PRELIMINARY OBJECTION – IT IS UNNECESSARY TO CONSIDER ARGUMENTS IN SUPPORT OF THE ISSUES FOR DETERMINATION AS DISTILLED BY PARTIES WHERE A PRELIMINARY OBJECTION IS UPHELD
“It means, therefore, that where, as was the case at the lower court, a preliminary objection challenging the competence of an appeal is upheld, it will be unnecessary to consider the arguments in support of the issues for determination distilled by the parties to the appeal, Onigemeh v Egbochualam [1996] NWLR (pt 448) 255; NEPA v Ango [2001] 15 NWLR (pt 737) 627; Uwazurike and others v AG, Federation (supra)”. PER C.C.NWEZE, J.S.C
JURISDICTION OF THE COURT OF APPEAL – THE JURISDICTION OF THE COURT OF APPEAL IS STATUTORY
“The jurisdiction of the Court of Appeal to entertain appeals does not derive from the sky or, to put it in the old Latin expression, in nubibus. It is rather statutory; it is, equally, guided by its Rules”.
NOTICE OF APPEAL – ALL APPEALS SHOULD BE INITIATED THROUGH A NOTICE OF APPEAL
“Rights of appeal from the High Court to the lower court are exercisable in accordance, inter alia, with the Court of Appeal Rules. Order 6 Rule 2 (1) of the Court of Appeal Rules, 2011 prescribes that every appeal shall be initiated through a Notice of Appeal. Such a notice is thus the most important foundational step in the building block in the appeal pyramid. Thus, any defect in it would render the appeal incompetent Okeke Amadi v. Okeke Okoli [1977] 7 SC 57, 58; Adefekan v. ECU-Line NV[2006] 12 NWLR (pt. 993) 33; Okolo v UBN Ltd. [2004] 3 NWLR (pt. 859) 87; Ikweki v Ebele [2005] 11 NWLR (pt. 936) 397; Akpan v Bob [2010] 17 NWLR (pt. 1224) 421; General Electric Co. v Akande [2010] 18 NWLR (pt. 1225) 596; Thor v FCMB Ltd [2002] 2 SCNJ 85; Ebokam v Ekwenibe and Sons Trading Coy Ltd[1977]7 SCNJ 77; Uwazurike and Ors v FRN(2007) LPELR -3448 (SC) 14, D-E”.
ISSUES BEFORE THE COURT – AN INTERMEDIATE COURT UNLIKE THE APEX COURT HAS A DUTY TO PRONOUNCE ON ALL ISSUES BEFORE IT
“It cannot be gainsaid that, as a general rule, an intermediate court, like the lower court, has a duty to pronounce on all the issues before it, Federal Ministry of Health v Comet Shipping Agencies Ltd. [2009] 9 NWLR (pt. 1145) 193;Samba Petroleum Ltd and Ors v UBA Plc and Ors [2010] 6 NWLR (pt ) 530, 531; Brawal Shipping v Owonikoko [2000] 6 SCNJ 508, 522; Adeogun v. Fasogbon [2011] 8 NWLR (pt. 1250) 427; Ovunwo v. Woko [2011] 17 NWLR (pt. 1277) 522. That court is unlike this final court. As it is well-settled now, one major attribute which inheres in this court as the apex court is its power of isolating just one decisive issue, amongst others before it, and determining the appeal based on it, Shasi v Smith [2010] 6 NWLR 6 WRN 39, 68; Uzuda v Ebigah [2009] 48 WRN 1″.
PRELIMINARY OBJECTION – IT IS UNNECESSARY TO CONSIDER ARGUMENTS IN SUPPORT OF THE ISSUES FOR DETERMINATION AS DISTILLED BY PARTIES WHERE A PRELIMINARY OBJECTION IS UPHELD
“It means, therefore, that where, as was the case at the lower court, a preliminary objection challenging the competence of an appeal is upheld, it will be unnecessary to consider the arguments in support of the issues for determination distilled by the parties to the appeal, Onigemeh v Egbochualam [1996] NWLR (pt 448) 255; NEPA v Ango [2001] 15 NWLR (pt 737) 627; Uwazurike and others v AG, Federation (supra)”.
NOTICE OF APPEAL – AN UNSIGNED NOTICE OF APPEAL RENDERS THE APPEAL INCOMPETENT
“This court has been consistent in stating that where the originating process or initiating process, i.e. the Notice of Appeal is not signed by the appellant in criminal appeals, the appeal is incompetent. See further Ipasa v. AG Bendel (1981) 9 SC P.7.”
ABSENCE OF JURISDICTION – AN ABSENCE OF JURISDICTION ON THE COURT TO HEAR A MATTER, ROBS IT OF THE JURISDICTION TO PRONOUNCE ON THE MAIN ISSUE IN THE APPEAL
“lf the Court has no jurisdiction to hear the matter, a pronouncement on the main issue in the appeal will be an exercise in futility as any proceeding conducted without jurisdiction is a nullity no matter how diligently conducted. See National Bank v. Soyeye (1977)5 SC 181, Ndeayi v. Osunnaya (1977) 1 SC 11″.
NOTICE OF APPEAL – A NOTICE OF APPEAL IS AN INITIATING PROCESS- A CONDITION PRECEDENT TO A VALID NOTICE OF APPEAL IN A CRIMINAL CASE IS THAT THE NOTICE OF APPEAL SHOULD BE SIGNED BY THE APPELLANT IN LINE WITH ORDER 17 RULE 4 OF THE COURT OF APPEAL RULES
“A notice of appeal is an initiating process and failure by the appellant to sign the notice personally is an incurable defect which renders the notice of appeal incompetent. lt is a condition precedent to a valid notice of appeal in a criminal case that the notice be signed by the appellant himself in line with Ord. 17 r.4 of the Court of Appeal Rules”.
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria (as amended)Corrupt Practices and other Related Offences Act, 2000.Court of Appeal Rules 2007Court of Appeal Rules, 2011
CLICK HERE TO READ FULL JUDGMENT