OKIUGBEDI EDJEKPO & 2 ORS V IBOYI ITHIBRI OSIA & 3 ORS
June 4, 2025DALEK NIG. LIMITED V OIL MINERAL PRODUCING AREAS DEVELOPMENT COMMISSION (OMPADEC)
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 06111
In the Supreme Court of Nigeria
Fri Feb 23, 2007
Suit Number: SC. 209/2006
CORAM
PARTIES
RALPH NWAZURIKE CHIBUIKE NWOSU BENEDICT ALAKWEM KELECHI UBABUIKEAMBROSE ANYASOAUGUSTINE IHUOMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant applied for bail in a four count charge against them but was refused. They filed an appeal with a Notice off Appeal signed by their Counsel. The Respondent objected to the Notice of Appeal as it was the Appellant that should sign same.
HELD
The Supreme Court held that a notice of appeal ought to be signed by the appellant himself and that failure to do so render the notice of appeal incompetent.
ISSUES
1. Whether Order 4 Rules 3(1) (2) and 4(1) of the Court of Appeal Rules are applicable to a Notice of Appeal that did not arise out of a conviction2. Whether the failure of the Court of Appeal to pronounce on other issues raised and argued in the appeal before it was proper
RATIONES DECIDENDI
DEFINITION OF A NOTICE OF APPEAL AND ITS QUALITIES
“It must be borne in mind always and this is also settled, that a Notice of Appeal, is the foundation and substratum of every appeal. Any defect thereto or therein, will render the whole appeal incompetent and the Appellate Court will lack the required jurisdiction, to entertain it or any interlocutory application based on the said appeal.” I.F. OGBUAGU, JSC
HOW A STATUTES IS INTERPRETED
“Where the language of a statute is plain, clear and unambiguous, the task of interpretation can hardly arise. It is therefore, the duty of the courts in such a situation, to give the words, their ordinary, natural and grammatical construction unless such interpretation, would lead to absurdity or some repugnancy or inconsistency with the rest of the legislation.” I.F. OGBUAGU, JSC
EFFECT OF A DEFECTIVE NOTICE OF APPEAL
“Once the Notice of Appeal even as Amended was held by the court below to be defective and therefore, incompetent, there was nothing left for it to consider in the appeal, other than striking out the appeal in its entirety” I.F. OGBUAGU, JSC
DEFECTICTIVE NOTICE OF APPEAL
“By the provisions of the said Order 4 Rule 4(1) of the said Rules, the filing of a joint Notice of Appeal or one single Notice of Appeal signed by all the Appellants, will be or is grossly defective and therefore, incompetent.” I.F. OGBUAGU, JSC
CASES CITED
1. Aviagents Ltd v. Balstravst Investment (1966) 1 All E.R. 450;2. Attorney-General of the Federation v. Guardian Newspapers Ltd. (1999) 9 NWLR (Pt.618) 233 C.A3. Alhaji Adisa v. Oyinwola & Ors. (2000) 10 NWLR (Pt. 674) 116, (2000) 6 SCNJ. 290.
STATUTES REFERRED TO
Court Of Appeal Rules
