ASUQUO EYO OKON & ORS V. THE STATE
(1982) LCN/2165(SC)
In The Supreme Court of Nigeria
On Thursday, the 16th day of September, 1982
SC.24/1980
RATIO
WRONGLY HEADED COURT PROCESS
The Federal Court of Appeal, acting on the decision in Addis Ababa v. Adeyemi (1976) 12 S.C. 51, struck out this appeal. The decision in Addis Ababa (supra) was overruled two years later by this court in Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26 when it held that it is not in the interest of justice for appeals to be struck out, and hearing thereof thereby prevented, merely on the ground that forms and notices of appeal were wrongly headed. In the circumstances this appeal must be allowed per IDIGBE JSC.
JUSTICES
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
CHUKWUNWEIKE IDIGBE 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
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Between
ASUQUO EYO OKON & ORS Appellant(s)
AND
THE STATE Respondent(s)
G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The Federal Court of Appeal, Enugu dismissed this appeal because the notice of appeal was wrongly headed. That was the law before the decision of this court in Nofiu Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26 which set aside the Addis Ababa case.
The appeal therefore succeeds and it is allowed. The judgment of the Federal Court of Appeal is hereby set aside. The appeal is remitted to the Federal Court of Appeal, Enugu to be heard on the merits.
C. IDIGBE, J.S.C.: The Federal Court of Appeal, acting on the decision in Addis Ababa v. Adeyemi (1976) 12 S.C. 51, struck out this appeal. The decision in Addis Ababa (supra) was overruled two years later by this court in Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26 when it held that it is not in the interest of justice for appeals to be struck out, and hearing thereof thereby prevented, merely on the ground that forms and notices of appeal were wrongly headed. In the circumstances this appeal must be allowed and I agree with my learned brother, Sowemimo, J.S.C., that this appeal be sent back to the Federal Court of Appeal for hearing and determination on its merits.
K. ESO, J.S.C.: The appeal is allowed on the authority of Nofiu Surakatu v. Nigerian Housing Development Society Ltd. and Anor. (1981) 4 S.C. 26 and remitted back to the Federal Court of Appeal for hearing on its merit.
A. N. ANIAGOLU, J.S.C.: This is another of those appeals which had been struck out because they were wrongly headed. The Federal Court of Appeal felt bound by the decision of this court in Addis Ababa’s case. Since this decision of the Federal Court of Appeal, Addis Ababa’s case has been overruled by this court in Nofiu Surakatu’s case which represents the present state of the law. Accordingly, the appeal was wrongly struck out by the Federal Court of Appeal and is therefore hereby remitted to the said Federal Court of Appeal for hearing on the merits.
M. L. UWAIS, J.S.C.: I agree that the appeal be allowed and the case be remitted to the Federal Court of Appeal for it to be heard on merit – Surakatu v. Nigerian Housing Development Society & Anor. (1981) 4 S.C. 26
Appearances
Appellants absent For Appellant
AND
Miss E. B. Otu, D. P. P., Cross River State For Respondent
