APPEAL – NOTICE(S) OF APPEAL – Effect of a notice of appeal filed out of time


“I had a preview of the lead judgment just delivered by my learned brother, Agim, JSC, and I agree with him that the Notice of Appeal filed outside the prescribed period for filing an appeal from the Court of Appeal to this Court is incompetent, therefore, this Court lacks jurisdiction to deal with the appeal. The notice of appeal is the substratum of the appeal, and if the notice of appeal is defective, it must be struck out on the ground that it is incompetent – see First Bank V. T.S.A. Industries Ltd. (2010) 15 NWLR (Pt. 1216) 247 SC. In this case, the Notice of Appeal is incompetent, and it is struck out.” Per AMINA ADAMU AUGIE, JSC ALADE STEPHEN v. THE STATE (2022-LCER-46531-SC) (Pp 5 – 6; Paras F – C)

Add to LawKit (0)