The Appellant was charged with an offence of exporting 1.416 kilograms of cocaine without lawful authority. Upon the charge been read and explained to him, the Appellant pleaded Not Guilty. On 7th December, 2009, the Appellant, in the presence of his Counsel, changed his Not Guilty plea to the plea of Guilty after the charge was again read and explained to him. Thereafter, the Prosecution opened his case and tendered from the Bar 11 documents, frontloaded in the Proofs of Evidence. Upon the admission of the documents/items in evidence without objection, the prosecuting Counsel prayed the trial Court to summarily convict the Appellant as charged. He was accordingly, \"convicted as charged\". At this juncture, the defence Counsel, sought adjournment to enable her tender some materials in Court in support of my plea for leniency. The Prosecuting Counsel conceded the adjournment. The trial Court, without hesitation, refused the application and then invited the Appellant to present his allocutus and thereafter sentenced the Appellant \"to imprisonment for life\". Aggrieved, the Appellant appealed to the Court of Appeal. However, the Court of Appeal affirmed the decision of the trial Court. Further aggrieved, the Appellant appealed to the Supreme Court.

On the whole, the Supreme Court held that the appeal was incompetent and it was accordingly struck out.

PHILIP NDUBUISI, ESQ., with him, CHIKEZIE OBIEFULE, ESQ. For Appellant(s) MOHAMMED S. DIRI, ESQ., Director Legal Services (Federal Ministry of Justice), with him, D. E. KASAWE, ESQ., Principal State Counsel (Federal Ministry of Justice) For Respondent(s)

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

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

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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

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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

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