Legalpedia Citation: (2012) Legalpedia (SC) 17531

In the Supreme Court of Nigeria

Fri Jun 1, 2012

Suit Number: S.C 329/2009

CORAM

PARTIES

THE NIGERIA NAVY

THE CHIEF OF NAVAL STAFF

ATTORNEY GENERAL OF THE FEDERATION

REAR ADMIRAL

S.O AFOLAYAN

CAPTAIN J.N UNUFECAPTAIN

A.B AFOLAYANCAPTAIN

S.O ORISHAMOLADE

CAPTAIN O.O OLANIPEKUN

CAPTAIN E.O OMAKWU

CAPTAIN BAJE NIGERIAN NAVY BOARD

APPELLANTS 

NAVY CAPTAIN D. O LABINJO

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent was a serving officer in the Nigerian Navy of the rank of Captain. He was indicted and charged before a general court martial and tried and convicted for the offence of disobedience of orders, conduct prejudicial to good order and service discipline, scandalous conduct. He was sentenced accordingly which sentence was duly confirmed by the appropriate authority as a result of which respondent applied to the Federal High Court for judicial review by way of a declaration that the trial was null and void for gross irregularities and breach of fundamental rights of the respondent.

He also requested that he be restored to his pre-trial position in the Navy with payment of arrears of salaries and allowances which reliefs were granted. Appellants were not satisfied with the decision and consequently appealed to the Court of Appeal. The appeal was struck out for want of diligent prosecution. The appellant further appealed to the Supreme Court.?

 

HELD

The appeal lacked merit and was dismissed.?

ISSUES

1.Whether the learned Justices of the Court of Appeal were right in dismissing the appellants’ appeal??

RATIONES DECIDENDI

THE USE OF THE WORD “MAY”

“It is a general principle of interpretation of statute that the use of the word “may” generally connote permissive action though in exceptional circumstances it may mean mandatory or compulsory action.” Per Walter Samuel Nkanu Onnoghen, JSC

THE DIFFERENCE BETWEEN AN APPEAL BROUGHT AND ENTERED.

“An appeal is deemed brought before the appellate court when the notice of appeal is filed and before the record of appeal is compiled and transmitted to the appellate court, while an appeal is said to be entered when the record of appeal is transmitted to the appellate court and received by it and entered in the cause list of the court, to be dealt with according to the rules of the court.” Per Walter Samuel Nkanu Onnoghen, JSC

THE DUTY OF AN APPELLANT BEFORE THE COURT OF APPEAL

“It is the duty of an appellant to produce before the Court of Appeal the record he seeks to challenge in that court.” Per Walter Samuel Nkanu Onnoghen, JSC

CASES CITED

NIL

STATUTES REFERRED TO

NONE

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