AKPAN J. OKODON V. THE STATE
(1981) LCN/2082(SC)
In The Supreme Court of Nigeria
On Thursday, the 17th day of September, 1981
SC.59/1979
RATIO
“As this purported appeal was filed 8 months out of time and as this court has no powers to extend time within which to appeal in a capital offence, which is the subject of this appeal.” PER IRIKEFE, J.S.C
JUSTICES
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
KAYODE ESO Justice of The Supreme Court of Nigeria
ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Between
AKPAN J. OKODON Appellant(s)
AND
THE STATE Respondent(s)
G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): As this purported appeal was filed 8 months out of time and as this court has no powers to extend time within which to appeal in a capital offence, which is the subject of this appeal (See Section 31 of the Supreme Court Act – No. 12 of 1960) I am left with no discretion than to strike same out. Appeal is hereby struck out.
A. O. OBASEKI, J.S.C.: This is an appeal against the order of the Federal Court of Appeal striking out the appeal of appellant against conviction and sentence of death on 22nd January, 1979.The notice of appeal was filed on 21st of August, 1979 a period of 7 months later. Section 31(2)(b) Supreme Court Act No. 12 of 1960 prescribes 30 days in which to appeal while Section 31(4) Supreme Court Act prohibits the court from extending that period prescribed by law. The court therefore has no discretion in the matter.In my view, the appeal is incompetent and must be struck out.The appeal is hereby struck out and dismissed.
K. ESO, J.S.C.: This appeal is struck out as it was filed out of time. See Section 31(2)(b) of the Supreme Court Act and 31(4) of the same Act.
A. N. ANIAGOLU, J.S.C.: The judgment of the Federal Court of Appeal was delivered on 22nd January, 1979. This appeal was filed on 21st August, 1979, about 7 months after the said decision of the Federal Court of Appeal was delivered. By reason of Section 31(2)(b) of the Supreme Court Act which gives 30 days to an appellant to appeal, the appeal filed was clearly out of time, and since this court, by reason of the stipulation in Section 31(4) of the said Act, has no power to extend the time, this purported appeal is no appeal and must, therefore, be struck out.
Accordingly, it is hereby struck out by reason of defect of jurisdiction.
A. NNAMANI, J.S.C.: The appeal of the appellant was heard by the Federal Court of Appeal, Enugu Judicial Division, on 21st January, 1979. The appeal was struck out. The appellant did not appeal to this court until the 21st of August, 1979. This appeal is out of time not being within the requirements of Section 31(2)(b) of the Supreme Court Act, 1960. The appeal is therefore struck out.
Appearances
Shola O. Rhodes, (with him, A. Adeniyi-Fashola), For Appellant
AND
Ime Essien-Udom (Miss), Senior State Counsel, (Cross-River State) For Respondent
