JOSEPH OKOSUN V. THE STATE
August 2, 2025J.O.O. IMANA V. MADAM JARIN ROBINSON
August 2, 2025Legalpedia Citation: (1979-03) Legalpedia 33621 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Mar 9, 1979
Suit Number: SC.1/1979
CORAM
SOWEMIMO JUSTICE, SUPREME COURT
BELLO JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
PARTIES
S.O. AJANAKU
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – APPEAL
SUMMARY OF FACTS
An application for leave to appeal to the Supreme Court was brought by the applicant from a conviction on conspiracy that was affirmed by the Federal Court of Appeal.
HELD
In a criminal proceeding jurisdiction to hear an appeal under Section 117 subsection (5) originates from the certificate of the Attorney-General where this has been granted under Section 31 sub-section (1) of the Federal Court of Appeal Decree 1976. The certificate of the Attorney-General, as we have earlier on mentioned, has not been obtained before the matter came before this court. In the circumstances, therefore, the papers before us do not come within the provisions of the law referred to earlier on, that is Section 31(1) of Decree No. 43 and Section 117(5) of Decree No. 42, and the matter is therefore struck out.
ISSUES
Whether the Supreme Court can entertain a notice of application for leave to appeal in a criminal matter without the applicant obtaining the Certificate of the Attorney-General of the Federation authorizing a further appeal to this court.
RATIONES DECIDENDI
PROCEDURE FOR APPEALS IN RESPECT OF A CRIMINAL PROCEEDING
No appeal shall lie to the Supreme Court from any decision of Federal Court of Appeal in respect of a criminal proceeding without the Attorney-General of the Federation granting a certificate to that effect. Sowemimo JSC
CASES CITED
1. Milne v. Commissioner of Police for City of London (1940) AC. page 1
2. Ex parte Blackburn (1956) 3 All ER page 334 at page 337
3. Rex v. W. H. Ball (1911) AC page 47 at page 62:-
STATUTES REFERRED TO
1. The Constitution (Amendment) Decree No. 42 of 1976
2. Federal Court of Appeal Decrees No. 43 of 1976
3. Supreme Court Rules
4. The English Criminal Appeal Act 1907 (Cap. 23) and Criminal Justice Act 1925. Section 1(6) of that Act (1907 Act) reads
