CORAM

---

---

PARTIES

---

MATTHEW OBIDIGWE APPELLANTS

---

THE STATE RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

SUMMARY OF FACTS:
The Appellant was charged with the offence of rape punishable under Section 283 of the Penal Code Law, Cap. 89 Laws of Northern Nigeria, 1963, at the High Court of Plateau State sitting in Jos (hereinafter referred to as “the trial Court”). Upon arraignment, the Appellant’s plea was taken and the Respondent as prosecution opened its case. The Appellant subsequently sought the trial Court to admit him to bail pending the final hearing and determination of the charge against him. The trial court in its ruling dismissed the application hence; the Appellant filed the instant appeal before this court.

---

HELD

---

Appeal Dismissed

---

ISSUES

---

None

---

RATIONES DECIDENDI

---

JURISDICTION – IMPORTANCE OF JURISDICTION

---

“Jurisdiction is extrinsic to adjudication, a substantive issue that must be addressed promptly. Jurisdiction of the court has indeed been described as the bloodline and I dare say more pungently, the cerebrospinal lynchpin of the court to adjudicate upon matters”.

---

JURISDICTION- DEFINITION OF JURISDICTION

---

“Jurisdiction has been broadly defined as the limits imposed on court to hear and determine issues between persons seeking to avail themselves of its process by reference to the subject-matter of the issues or to the persons between whom the issues are founded or to the kind of relief sought. In the case of: Egharevba v. Eribo (2010) 9 NWLR (Pt. 1199) p. 411, the Supreme Court succinctly restated again the meaning and fundamental nature of jurisdiction of court in the following words:
Jurisdiction is a term of comprehensive import embracing every kind of judicial action. It is the power of a court to decide a matter in controversy and presupposes the existence of a duly constituted court, with control over the subject-matter and the parties. Jurisdiction also defines the power of the court to inquire into facts, apply the law, make decisions and declare judgments. It is the legal right by which judges exercise their authority. Jurisdiction is to a court what a door is to a house. The question of a court’s jurisdiction is called a threshold issue because it is at the threshold of the temple of justice. Jurisdiction is a radical and fundamental question of competence, for if the court has no jurisdiction to hear the case, the proceedings are and remain a nullity, however well conducted and brilliantly decided they might have been. A defect in competence is not intrinsic but rather extrinsic to adjudication. Oloba v. Akereja (1988)3 NWLR (Pt.84)508; Oloriode v. Oyebi (1984) 1 SCNLR 390; Ezomo v. Oyakhire (1985) 1 NWLR (Pt. 2) 105; Petrojessica Ent. Ltd. v. Leventis Technical Co. Ltd. (1992) 5 NWLR (Pt. 244) 675; Barclays Bank v. C.B.N. (1976) 6 SC 175; African Newspapers (Nig.) Ltd. v. F.R.N. (1985) 2 NWLR (Pt. 1006) 608; A.-G., Anambra State V. A.-G., Fed. (1993) 6 NWLR (Pt. 302) 692; Saleh v. Monguno (2003) 1 NWLR (Pt. 801) 221. (The underlining is supplied by me for emphasis).”

---

JURISDICTION OF COURT – SOURCES OF THE JURISDICTION OF COURTS

---

“Under the Nigerian legal system, courts are creations or creatures of statutes or legislations such as the grundnorm itself, that is, the Constitution or Decrees or Acts or Laws or Edicts. Hence, it is the legislations themselves that cloak the courts with powers or adjudicatory jurisdiction. Therefore, if the Constitution, Decrees, Acts, Laws and Edicts do not grant jurisdiction to a court, the court itself and or parties cannot by agreement endow the court with jurisdiction. For once there is a defect in the competence of a court to adjudicate upon an action, the proceedings in the action no matter how otherwise so well, properly and brilliantly conducted would amount to a nullity and an exercise in futility. Therefore, since courts are creatures of statutes, their jurisdiction is confined, limited, restricted and circumscribed by the statutes creating them. Moreover, a court must study the statute which creates it and must not misconstrue same to exercise jurisdiction not donated to it thereby. See also the cases of: (1) Ndaeyo v. Ogunnaya (1977) 1 SC p. 11; (2) National Bank of Nigeria v. Shoyoye (1977) 5 SC p. 181 and (3) A.-G., Fed. v. Guardian Newspapers Ltd. (1999) 9 NWLR (Pt. 618) p. 187”.

---

JURISDICTION OF COURT – DETERMINANTS OF JURISDICTION OF COURT

---

“As a follow up, it has become trite as this is replete in our law reports and requires no elaboration that, the competence of a court in the exercise of its jurisdiction is conterminously guaranteed if: (a) it is properly constituted with respect to the number and qualification of its membership, (b) the subject-matter of the action is within its jurisdiction, (c) the action is initiated by due process of law and (d) any condition precedent to the exercise of its jurisdiction has been fulfilled. – See the “locus classicus” case of: Madukolu v. Nkemdilim (1962) 1 All NRL p. 587. In the case of: Ohakim v. Agbaso (2010) 19 NWLR (Pt. 1226) p. 172 at pgs. 243 – 244, paras. H-B, the Supreme Court restated the purport of the above set out determinants of jurisdiction of court and the effect where any one of them is lacking, per Muhammad, JSC, as follows:
In addition, all law courts or tribunals, while exercising their powers must be guided by the general determinants of jurisdiction –
(a)The statute establishing the Courts/Tribunal.
(b)The subject-matter of litigation.
(c)The litigating parties.
(d)The procedure by which the case is initiated.
(e)Proper service of process.
(f)Territory where the cause of action arose or, as the case may be, where the defendant resides.
(g)Composition of the Court/Tribunal.
If any of the above is lacking, then the subject-matter, the parties or the composition of the Court/Tribunal is defective which may lead to a nullity.”

---

RECORD OF APPEAL – DUTY OF AN APPELLATE COURT NOT TO ADJUDICATE ON AN APPEAL ON INCOMPLETE RECORD OF APPEAL

---

“The law is now unwaveringly settled that, it is the duty of an appellate court to ensure that it does not adjudicate upon an appeal on an incomplete record of appeal. For basically, an appellate court is devoid of jurisdictional competence to determine an appeal based on an incomplete record of appeal. An appellate court will be devoid of the competence to make just pronouncements affecting the rights of the parties before it without the aid of all the materials used by them at the lower court, thereby defeating the ends of justice which is the sole duty of the judicial arm of the government of any nation.”

---

RECORD OF PROCEEDINGS – DUTY ON COURTS TO KEEP RECORD OF PROCEEDINGS

---

“Under the fundamental human rights provisions in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, as amended, in deference to the principle of fair hearing, a congenital right of every citizen of Nigeria in the determination of his civil rights and obligations especially in situations involving allegations of criminal offence, courts are mandated to keep records of their proceedings. See Section 36(1), (3) and (7) of the said Constitution. Such records are meant to be kept and made use of until the conclusion of matters at the Apex Court as the case may be”.

---

JURISDICTION OF THE COURT OF APPEAL – EXTENT OF THE JURISDICTION OF THE COURT OF APPEAL TO HEAR AND DETERMINE APPEALS

---

“It is in furtherance of the rights of appeal of citizens that, Section 240 of the same Constitution provides that, this Court, the Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja, High Court of a State like the trial Court in the instant matter, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a State, Customary Court of Appeal of the Federal Capital Territory, Abuja, Customary Court of Appeal of a State and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National Assembly.”

---

RECORD OF APPEAL – APPROPRIATE TIME FOR COMPILATION AND TRANSMISSION OF ADDITIONAL RECORD OF APPEAL

---

“Moreover, the Court of Appeal is empowered, to make rules for regulating the practice and procedure before it, by Section 248 of the Constitution. Hence, in civil appeals such like the instant matter, by Order 8 of the Court of Appeal Rules, 2016, the Registrar of the Court below and the Appellant are mandated to compile and transmit the settled records in respect of the case the subject-matter of the particular appeal. See Order 8 Rules 1 and 4 of the said Rules. Furthermore by Order 8 Rule 6, after the initial records have been transmitted, but any party to an appeal considers that there are additional records which may be necessary for the disposal of the appeal, such party shall be at liberty, within fifteen days of the service on him of the initial records, to compile and transmit to this Court such records to be known as the Additional Records of Appeal”.

---

RECORD OF APPEAL – CONTENTS OF A RECORD OF APPEAL

---

“Regarding the contents of the Record of Appeal, Order 8 Rules 7 and 10 specifically provide as follows:
7. Every Record of Appeal shall contain the following documents in the order set out-
a. The index;
b. A statement giving brief particulars of the case and including a schedule of the fees paid;
c. Copies of the documents settled and compiled for inclusion in the record of appeal;
d. A copy of the notice of appeal and other relevant documents filed in connection with the appeal.”

---

TRANSMISSION OF RECORD OF APPEAL- DOCUMENTS THAT MUST ACCOMPANY THE RECORD OF APPEAL WHEN TRANSMITTING SAME

---

“10. (1) Where the record is compiled by the registrar under Rule 1 of this Order, he shall transmit the record within the time stipulated for compilation and transmission under Rule 1. The record shall be transmitted together with-
a.a certificate of service of the notice of appeal;
b.ten copies of the record and two copies of the electronic device used for the production of the records, duly and carefully preserved;
c.The docket or file of the case in the court below containing all papers or documents filed by the parties in connection therewith, to the Registrar of the Court.
(2) Where the record is compiled by the Appellant under Rule 4 of this Order, he shall transmit the record within the time stipulated for compilation and transmission by an Appellant under Rule 4. The record shall be transmitted in compliance with Rule 10(1).”

---

INCOMPLETE RECORD OF APPEAL – WHETHER AN APPELLATE COURT CAN HEAR APPEALS ON INCOMPLETE RECORD OF APPEAL

---

“It is without equivocation that I reiterate again sequel to my above elucidation that, it is a legal sacrilege for an appellate court to adjudicate upon an appeal in the face of an incomplete record of appeal. For such an appeal in that situation can best be described as inchoate. On the duty of an appellate Court to assume its adjudicatory role only on a complete record of appeal, the erudite jurist, Tobi, J.S.C. (of blessed memory), in the case of: Okochi v. Animkwoi (2003) 18NWLR (Pt.851) p.1, had the following to say:
As an appellate court hears an appeal on the records before it, it must ensure that the records are complete as settled by the parties. An appellate court must be wary to hear an appeal on incomplete records and must not hear an appeal on incomplete records unless the parties by consent, agree that the appeal should be so heard. And such a consent which, will be a basis of a successful defence of waiver in the event of a retraction on the part of any of the parties, must be recorded by the appellate court. (The underlining is supplied by me for emphasis).
See also the cases of: (1) Orugbo v. Uma (2002) 9SCNJ p.12; (2) Ekpemupolo v. Edremoda (2009) 8NWLR (Pt.1142) p.166 and (3) Ault & Wiborg (Nig.) Ltd. V. Nibel Ind. Ltd. (2010) 11NWLR (Pt.1220) p.486. Therefore, the availability of all the necessary materials used at the lower court is one of the fundamental conditionality for the Court of Appeal to exercise its powers under Section 16 of the Court of Appeal Act, 2004, wherever it is called upon so to do. See the cases of: (1) Dapianlong v. Dariye (No.2) (2007) 8NWLR (Pt.1036) p.332 at P.405, paras. C-E; (2) Inakoju v. Adeleke (2007) 4NWLR (Pt.1025) p.423 at pgs. 691-692 and (3) Danladi v. Dangiri (2014) LPELR-24020(SC)”.

---

CASES CITED

---

---

STATUTES REFERRED TO

---

Constitution of the Federal Republic of Nigeria, 1999, as amended|Court of Appeal Act, 2004|Court of Appeal Rules, 2016|Penal Code Law, Cap. 89, Laws of Northern Nigeria, 1963|

---

CLICK HERE TO READ FULL JUDGMENT

---