SAMSON PATRICK (A.K.A. ASABA) v. THE STATE
(2014)LCN/6938(CA)
RATIO
APPEAL: WHERE AN ORIGINATING PROCESS OF AN APPEAL IN RESPECT OF NOTICE IS DEFECTIVE
In my humble view, the Appellant has not showed that he falls under the two exceptions i.e. Order 17 Rules (5) and (6) of the Court of Appeal Rules, 2011. The non-compliance by the Appellant with Order 17 Rule 4(1) of the Court of Appeal Rules, 2011 renders the Notice of Appeal filed in this case incompetent. It also deprives the Court of Appeal of the jurisdiction to hear the appeal. The above view finds support in the dictum of my lord, Rhodes-Vivour, JSC in IWUNZE VS STATE (Supra) at page 596 where it was held that: The Constitution confers on the Court of Appeal jurisdiction to hear and determine appeals. The jurisdiction is statutory and also controlled by the Rules of Court. The Court of Appeal would lack jurisdiction to hear an appeal if an Appellant fails to comply with statutory provisions or the relevant Rules of the Court. The Originating Process in all appeals is the Notice of Appeal. Once it is found to be defective, the Court of Appeal ceases to have jurisdiction to entertain an appeal in whatever form. See OLOWOKERE VS AFRICAN NEWSPAPERS (1995) 5 NWLR Part 295 Page 583. Per JIMI OLUKAYODE BADA, J.C.A.
