NONYE IWUNZE VS THE FEDERAL REPUBLIC OF NIGERIA

CORAM

BODE RHODES VIVOUR, JUSTICE, SUPREME COURT

MUSA DATHJO MUHAMMAD JUSTICE, SUPREME COURT

PARTIES

NONYEIWUNZE APPELLANTS

THE FEDERAL REPUBLIC OF NIGERIA

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was arraigned before a Federal High Court on two count charge for the manufacturing of fake drugs which is an offence contrary to section 1(a) of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous provisions) Act  Cap C. 34 LFN 2004, and punishable under section 3 of the same act. The Appellant pleaded guilty to both counts. At the trial, the Appellant was not represented by any counsel and at the end of the trial he was found guilty and sentenced to five years imprisonment with an option of fine. Dissatisfied with the conviction, the Appellant appealed to the Court of Appeal, wherein the Respondent filed a preliminary objection on the ground that the Notice of Appeal was signed by the counsel to the Appellant and not the Appellant thereby making the appeal incompetent. The lower court after considering the arguments by both parties, struck out the appeal for being incurably incompetent. The Appellant have lodged the instant appeal against the judgment of the lower court.?

HELD

Appeal dismissed

ISSUES

1. Whether the recall of the prosecution witnesses did not occasion miscarriage of justice and whether the Court of Appeal was right in upholding the conviction and sentence of the appellant by the trial court, solely on the appellant’s plea of guilty notwithstanding that there was break in the chain of causation from the time the alleged fake drugs were recovered to the time same was presented to the laboratory for analysis?

2. Whether the non service of proof of evidence on the appellant and failure of the trial court to explain the charge to the appellant was not unfair and resulted in a miscarriage of justice.Whether the appeal was improperly struck out for being incompetent.?

RATIONES DECIDENDI

NOTICE OF APPEAL-PROPER PARTY TO SIGN-EXCEPTIONS THEREON

“By virtue of Order 16 Rule 4(1), (5) and (6) of the Court of Appeal Rules 2007 every Notice of Appeal in a criminal appeal must be signed by the appellant. Exceptions are if the appellant is insane, or is a company. PER RHODES-VIVOUR JSC

NOTICE OF APPEAL-EFFECT OF A DEFECTIVE NOTICE OF APPEAL

“The originating process in all appeal is the Notice of Appeal. Once it is found to be defective the Court of Appeal ceases to have jurisdiction to entertain an appeal in whatever form”. PER RHODES-VIVOUR JSC
The well laid down position of the Law is that the rule governing practice and procedure is the rule in force at the time of the trial or when the application is taken unless there are any provisions to the contrary. PER RHODES-VIVOUR JSC

“SHALL”-WHAT IT DENOTES

“The use of the word ‘shall’ in the Rules denotes mandatoriness and does not make room for any exercise of discretion. It is a word of command”. PER J.I. OKORO JSC

RULES OF COURT-NEED TO BE FOLLOWED STRICTLY-BINDINGNESS ON PARTIES

“Rule of Court are meant to be obeyed. They are not made for the fun of it. They must be followed strictly, unless the court is given discretion under them. These rules bind all parties before the court .No party is allowed to choose when or which to obey and/or disobey “. PER J.I OKORO JSC

RULES OF COURT-NEED FOR SAME TO BE OBEYED

“Rules of Court are meant to be obeyed .Failure to obey can be costly for a recalcitrant appellant”. PER J.I. OKORO JSC

CASES CITED

Afolabi  vs Adekunle  (1983) 14 NSCC 398 @ 405Ajayi &  Anor vs Omorogbe (1993) 6 NWLR (pt 301)Akanbi & Ors  vs Alao &Anor (1989) 5 SCNJ 10 @ 13Amokeodo  vs I.G.P & 2 Ors (1999) 5 SCNJ. 71 @ 81G.M.O. Nworah & Sons Co. Ltd  vs Afam Akputa (2010) 9 NWLR ( pt 1200) 443Ikpasa v. Bendel State 1981 9SC p31Miss Ezeanah vs Alhaji Atta Mamoud (2004) 7 NWLR (pt 873) 468 @502Olowokere vs African Newspapers 1993 5 NWLR pt.295 p.583.Onochie  vs Odogwu (2006) 6 NWLR (Pt.975) 65Owata  vs Anyigor 1993 1NSCC pt1 p.199.University of Lagos  vs Aigoro (1985) 1 NWLR (PT 1) 143Uwazuruike  vs Attorney-General Federation (2007) 8 NWLR (PT 1035)?

STATUTES REFERRED TO

Court of Appeal Rules 2007

Court of Appeal Rules 2011

Supreme Court Rules

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