AYO ALABI & ANOR v. MRS. MOJISOLA ADEGBOYE
(2014)LCN/6913(CA)
RATIO
APPEAL: WHETHER A NOTICE OF APPEAL THAT FAILS TO CONTAIN GROUNDS OF APPEAL OR VALID GROUNDS OF APPEAL IS INCOMPETENT, AND A COURT WILL HAVE NO JURISDICTION TO ENTERTAIN SUCH AN APPEAL
In CO-OPERATIVE AND COMMERCE BANK PLC & ANOR. V. JONAH DAN OKORO EKPERI (2007) 29 NSCQLR 175 at 192, the Supreme Court, per Onnoghen, JSC held: “It is settled law that for grounds of appeal to be valid and competent, they must be related to the decision being appealed against and should constitute a challenge to the ratio of the decision on appeal. It is still good law that where a ground of appeal as formulated does not arise from the judgment and purports to raise and attack an issue not decided by the judgment appealed against as is evident in the instant appeal, the same becomes incompetent and liable to be struck out. See: MERCANTILE BANK OF NIGERIA PLC V. NWOBODO (2005) 130 LRCN 2269 at 2277 – 2278; IKWEKI V. EBETE (2005) ALL FWLR (PT.257) 1401 at 1420 – 1421.”The sole ground of this appeal does not arise from the judgment of the lower court. It is accordingly struck out. With the sole ground of appeal struck out, the Notice of Appeal contains no grounds of appeal. In CO-OPERATIVE AND COMMERCE BANK PLC & ANOR. V. DAN OKORO EKPERI (SUPRA) at PAGE 192, the Supreme Court, per Onnoghen, JSC held: “It is settled law that a notice of appeal filed within the time but without any ground or valid ground of appeal is a worthless piece of paper being grossly incompetent and liable to be struck out. “I find the notice of appeal herein incompetent and liable to be struck. Accordingly, same is struck out for being incompetent, Incompetent notices of appeal do not activate the jurisdiction of appellate Courts. Since incompetence of such process is a jurisdictional issue, this Court has not insulted the law by raising it suo – motu. Per PAUL ADAMU GALINJE, J.C.A.
