CHIEF E. A LAMAI V CHIEF M.C.K ORBIH
July 31, 2025ISAAC OMOREGBE V DANIEL PENDOR LAWANI.
July 31, 2025Legalpedia Citation: (1980) Legalpedia (SC) 81581
In the Supreme Court of Nigeria
Fri Apr 25, 1980
Suit Number: SC. 55/1978
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY ANIAGOLU, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
NEEYODE PEBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal from the decision of the Federal Court of Appeal, affirming the conviction of the appellant by the Rivers State High Court, Bori, on a charge of murder.
HELD
The Appeal was dismissed. The Court affirmed the Conviction of the High Court.
ISSUES
whether the Federal Court of Appeal was competent to have heard the appeal before it which appears to have been filed out time.
RATIONES DECIDENDI
EXTENSION OF TIME WITHIN WHICH TO APPEAL.
The enlargement of time notwithstanding, the fetter under Section 25 subsection (4) of the 1976 Act, which inhibits the Federal Court of Appeal to extend the time prescribed for filing appeal in the case of a conviction that involves a sentence of death, remains. per M. L. UWAIS, JSC
EXTENSION OF TIME WITHIN WHICH TO APPEAL.
The Court of Appeal may extend the periods prescribed in sub-sections (2) and (3) of this section except in the case or (sic) a conviction involving the sentence of death.” (Parenthesis and
NOTICE OF APPEAL – LIMITATION OF TIME
The periods for the giving of notice of appeal or notice of application for leave to appeal are In an appeal in a criminal cause or matter thirty days from the date of the decision appealed against. per M. L. UWAIS, JSC
CASES CITED
Parker v queen (1963) cLR 665
Berepegha Frubide v. The State (1969) 1 All NLR 255
Egbo Ojojo v The State (1970) 1 All NLR 33).
STATUTES REFERRED TO
the Federal Court of Appeal Act, No. 43 of 1976
