JUSTICE ONNOGHEN NKANU WALTER SAMUEL v. FEDERAL REPUBLIC OF NIGERIA
(2019)LCN/12833(CA)
In The Court of Appeal of Nigeria
On Friday, the 8th day of March, 2019
CA/A/114C/2019
RATIO
APPEAL: BASIS OF AN APPEAL
“An appeal is determined therefore on the basis of the record placed before the appellate Court. In the instant Case, record of appeal was transmitted but it does not contain a copy of the decision of the lower Court appealed on. No copy of the warrant of arrest was equally transmitted. The record before the Court is incomplete. No appeal can be heard upon an incomplete record. See the cases of Lawson-Jack v SPDC Nig. Ltd. (2002) 7 SC (Pt. 11) 112; The Reg. Trustees of National Association of Community Health Practitioners of Nigeria & Ors. (2008) 7 SCNJ 348; Garba v. Ummuani (2014) ALL FWLR (Pt.722) 1715 at 1740. Garuba & Ors V. Omokhodion & Ors 2011 LPELR ? 1309 (SC).” PER STEPHEN JONAH ADAH, J.C.A.
JUSTICES
STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria
PETER OLABISI IGE Justice of The Court of Appeal of Nigeria
Between
JUSTICE ONNOGHEN NKANU WALTER SAMUEL Appellant(s)
AND
FEDERAL REPUBLIC OF NIGERIA Respondent(s)
STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment):
This is an appeal against the decision of the Code of Conduct Tribunal delivered on Wednesday 13th February, 2019 in Suit No CCT/ABJ/01/2019.
The record of Appeal was transmitted on 14/02/2019.
We have taken pains to go through the record of Appeal transmitted on 14/02/2019 and cannot find the decision or order appealed upon. They were omitted from the record transmitted by the appellant.
The record of appeal is the backbone of an appeal. The record is the gathering of all material documents and all that occurred in the Court from where the appeal originated. In the Case of OLORUNYOLEMI & ANOR V. AKHAGBE (2010) LPELR 2597 (SC), the Supreme Court held as follows:
“It is settled law that every material fact, evidence or document tendered in the proceeding at High Court and relevant to the determination of issues in controversy between the parties on appeal, should be transmitted as of necessity, to the appellate Court as there can be no consideration of any appeal by appellate Court, or an objection thereto unless and until there is before the Court a record of appeal duly prepared and transmitted by the Registrar of the lower Court or by the appellant himself upon the leave of the Court being sought and obtained. The rational is that though an appeal is rehearing of the matter, the rehearing in this case is by considering the case based on printed record before the appellate Court, which includes the exhibits tendered therein.”
Similarly, CHUKWUMA ENE, JSC in the Case of Garuba & Ors V. Omokhodion & Ors (2011) LPELR 1309 (SC) observed that the importance of record of appeal/proceeding in our appeal system cannot be overestimated as cases have to be decided based on the record of appeal and without it hearing of appeals will be difficult to undertake. A record of appeal/proceeding has to be duly and properly compiled to guarantee as to its correctness; and it must be meticulously checked and compared with the evidence vis-a-vis the original processes/documents filed in the matter as well as the proceedings of Court. A record of appeal/proceeding having been duly compiled has to be authenticated and certified as prescribed by law. It is settled law that the record of appeal is binding on the Court, the parties and their counsel. Under the rules of this Court as in Order 8 thereof, the appellant is given the mandatory tasks of ensuring that the record of appeal is compiled and transmitted to this Court.
The Rules accord the parties the opportunity to meet and settle records with the Registrar to ensure that important records which of necessity must include the notice of appeal, the judgment or decision appealed upon and any other documents filed in the Case to kick start the appeal. It is when the record is transmitted that an appeal is entered.
An appeal is determined therefore on the basis of the record placed before the appellate Court.
In the instant Case, record of appeal was transmitted but it does not contain a copy of the decision of the lower Court appealed on. No copy of the warrant of arrest was equally transmitted. The record before the Court is incomplete. No appeal can be heard upon an incomplete record. See the cases of Lawson-Jack v SPDC Nig. Ltd. (2002) 7 SC (Pt. 11) 112; The Reg. Trustees of National Association of Community Health Practitioners of Nigeria & Ors. (2008) 7 SCNJ 348; Garba v. Ummuani (2014) ALL FWLR (Pt.722) 1715 at 1740. Garuba & Ors V. Omokhodion & Ors 2011 LPELR ? 1309 (SC).
The appeal is therefore incompetent and it is hereby struck out.
TINUADE AKOMOLAFE-WILSON, J.C.A.: I had the preview of the lead judgment of my learned brother, STEPHEN JONAH ADAH, JCA.
I am in agreement with his reasoning and conclusion and orders reached therein.
PETER OLABISI IGE, J.C.A.: I agree.
Appearances:
Chief Adegboyega S. Awomolo (SAN) ,Chief Cris Uche (SAN), P.A. Akubo (SAN), R. A. Lawal Rabana (SAN), J.U.K. Igwe (SAN), Okon Nkanu Efut (SAN), Chief Ogwu James Onoja (SAN), Joe Abraham (SAN), Chukwuma Machukwu Ume (SAN), Emeka Etiaba (SAN), Chief E.K. Ashiekan (SAN) and Dr. J.Y. Musa, (SAN) with him, Chief Obiora Osakwue, Esq., Kanayo Okafor, Esq., Emmanuel Okorie, Esq., Frank Molokwu, Esq., Kunle Lawal, Esq., Smart Ukoha, Esq., Queen Uchechukwu, Esq. and Amina Turaki, Esq.For Appellant(s)
Aliyu Umar, SAN with him, Abdul Mohammed, Esq. Sanusi Musa, Esq. and Mariam Kikelomo Shitta, Esq.For Respondent(s)
