APPEAL – FILING/ENTRY OF APPEAL – Statutory period for filing an appeal in a criminal cause or matter; effect of filing such appeal out of time and without leave of Court


“By virtue of Section 27 (2) (b) of the Supreme Court Act 2004, an appeal against a decision in a criminal mater such as this one, except where time for doing so has been extended by the Court, must be filed within thirty days from the date the decision appealed against was delivered. The instant appeal evidently filed outside the statutorily prescribed time is incompetent. Having not initiated his appeal by due process of the law and fulfilled the condition precedent to the exercise of jurisdiction by the Court, the Court is bereft of the necessary competence to proceed. I so hold. See P.D.P. & ORS V. BARR SOPULACHUKWU EZEONWUKA (2017) LPELR – 42563 (SC), CHIEF IKECHI EMENIKE V. P.D.P. (2012) LPELR – 7802 (SC) and MADUKOLU & ORS V. NKEMDILIM (1962) NSCC 374 at 379.” Per MUHAMMAD, J.S.C. in NWEKE CHIBUEZE FRANCIS v. FEDERAL REPUBLIC OF NIGERIA (2020- LCER-39157-SC) at p. 13 – p. 14

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