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


“My learned brother, AGIM, JSC, has, in the lead judgment pointed out that the Notice of Appeal giving birth to this appeal was filed 53 days after the judgment of the Court below. This undoubtedly is in clear contravention of the provisions of Section 27(2)(b) of the Supreme Court Act 2004, which provides that a notice of appeal should be filed within 30 days after the judgment of the Court below. This Court, in Odunze & Ors v. Nwosu & Ors (2007) LPELR-2272 SC, opined that: “A notice of appeal being an initiating process in every appeal process is so crucial in the appeal process as a writ of summons is in ordinary civil actions… Furthermore, once the notice of appeal is vitiated in any way, the appeal becomes incompetent and liable to be struck out. The point being taken here is that where a notice of appeal as the instant one is defective or incompetent in any respect for any reason, there is no valid appeal and the Court would have no jurisdiction to deal with the purported appeal but to strike it out.” The consequence of the above is that I agree with my learned brother, EMMANAUEL AKOMAYE AGIM, JSC, that the Notice of Appeal, being incompetent has invalidated this appeal. Accordingly, the Notice of Appeal and this appeal are hereby struck out.” Per ABDU ABOKI, JSC ALADE STEPHEN v. THE STATE (2022-LCER-46531-SC) (Pp 10 – 11; Paras A – B)

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