JOHN EDEBRU VS THE STATE
August 16, 2025RAIMI ISHOLA VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 31411
In the Supreme Court of Nigeria
Fri Nov 3, 1972
Suit Number: SC. 144/1972
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
OYEYEMI OLOWOSOKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appeal arouse from the preliminary objection raised by the learned counsel for the respondent, contending that the appeal was not properly brought before the western state court of appeal because the leave of the court as required under S. 117(4) (c) and 127(1) (a) of the 1963 Constitution was not obtained before bringing the appeal.
HELD
The court held that that the appeal was not properly before the court because the requisite leave as required by law was not sought from either the western state court of appeal or the supreme court before the appeal was brought.
ISSUES
Whether the appeal is not properly before the court in that the appellant has not obtained leave to appeal as required by Section 117(4) (c) as modified by Section 127 (1) (a) of the Constitution of the Federation, No. 20 of 1963.
RATIONES DECIDENDI
BASIS OF APPEAL
appeal in civil or criminal proceedings lies from decision of the Western State Court of Appeal only with the leave of that court or of the Supreme Court in all cases in which an appeal was brought to the Western State Court of Appeal from the State High Court. Per Elias CJN
CASES CITED
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria, 1963.
Western State Court of Appeal Edict, 1967.
