MILITARY GOVERNOR, ANAMBRA STATE & ORS VS JOB EZEMUOKWE
July 4, 2025JOHN PETER VS THE STATE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 85711
In the Supreme Court of Nigeria
Thu Mar 13, 1997
Suit Number: SC. 44/1997
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
NASIR, JUSTICE COURT OF APPEAL
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
GABRIEL ORUCHE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant appealed against the decision of the Court of Appeal refusing his application for extension of time in which to file his appeal.
HELD
For the foregoing reasons, therefore, I find no reason to interfere with the sound decision of the Court of Appeal. The appeal is hereby dismissed and the decision of the Court of Appeal refusing to extend the time within which to appeal is upheld.
ISSUES
NONE
RATIONES DECIDENDI
CONDITIONS FOR GRANTING APPLICATION FOR EXTENSION OF TIME TO APPEAL
Though right of appeal is not always of right, all appeals are to be filed within the periods specified by the various substantive statutes and the Constitution.
But the Court will only accede to this enlargement of time on disclosure of good and substantial reasons why the time specified within which to appeal has not been adhered to. Per BELGORE JSC
CASES CITED
Williams v. Hope Rising Voluntary Funds Society (1982)1 All NLR 1
STATUTES REFERRED TO
The Constitution of Federal Republic of Nigeria ?
