Legalpedia Citation: (2013-04) Legalpedia (SC) 51719
In the Supreme Court of Nigeria
Mon Apr 1, 2013
Suit Number: SC. 266/2010
CORAM
PIUS OLAYIWOLA ADEREMI, JSC (Lead Judgment) JUSTICE, SUPREME COURT
PARTIES
IFEANYI NWITE APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with armed robbery and was convicted and sentenced at the Trial Court. Aggrieved by the judgment he filed a notice of appeal against it. The notice of appeal was signed by the counsel. The lower court dismissed the appeal when the counsel to the parties were absent on the date the appeal was called. After the dismissal, the appellant filed a motion seeking extension of time to appeal. The lower court heard the notice and dismissed it. It is against the dismissal that the appellant have brought this appeal to the Supreme Court.
HELD
Appeal dismissed
ISSUES
1. Whether the Notice of Appeal in a criminal matter signed by counsel is a competent notice of appeal ?
RATIONES DECIDENDI
NOTICE OF APPEAL – DUTY OF THE COURT WHERE AN INCOMPETENT NOTICE IS FILED
NOTICE OF APPEAL – DUTY OF THE COURT WHERE AN INCOMPETENT NOTICE IS FILED
CASES CITED
Ralph Uwazurike & Ors vs. Attorney General of the Federation (2007) 8 NWLR (Pt. 1035) 1 Sulaiman Mohammed vs. Lasisi Sanusi Olawunmi (1993) 4 NWLR (part 288) 384 at 397 Aderigbigbe vs. Tiamiyu Abiodoye (2009) vol. 173 LRCN 60 at 88
STATUTES REFERRED TO
NONE