OLUWAKAIKUNMI FASUYI V. THE STATE
(1981) LCN/2012(SC)
In the Supreme Court of Nigeria
Thursday, October 15, 1981
Case Number: SC.79/1979
RATIO
TIME OF APPEAL
A notice of appeal filed 3 months after the judgment of the Federal Court of Appeal is incompetent- PER UWAIS, J.S.C
JUSTICES:
SIR UDO UDOMA, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
AYO G. IRIKEFE, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
MUHAMMADU L. UWAIS, JUSTICE, SUPREME COURT
APPELLANTS
OLUWAKAIKUNMI FASUYI
RESPONDENTS
THE STATE
U. UDOMA, JSC.: Appeal dismissed. No merit.
A.G. IRIKEFE, JSC.: This appeal is dismissed.
M. BELLO, JSC.: I agree the appeal should be dismissed. While her mother was asleep, the Appellant killed her by stabbing her with a matchet. The Appellant said she had done so because the mother had killed her son by witchcraft. No substance in the purported appeal which was filed out of time.
A.N. ANIAGOLU, JSC.: The appellant, as disclosed from the evidence, killed her mother while she was asleep, on the ground that she was a witch and killed her child with witchcraft. The courts below went carefully through the facts and the law, and rightly, in my view, found against the appellant. I agree with counsel that there is absolutely no merit in the appeal which is hereby dismissed.
M.L. UWAIS, JSC.: I agree that the purported appeal is not competent. Although the judgment of the Federal Court of Appeal was delivered on 27/7/79, the notice of appeal was not dispatched from the Abeokuta Prison where the appellant was kept in custody until 29/10/79. That is, 3 months after the judgment of the Federal Court of Appeal was delivered. I agree that the purported appeal be dismissed and it is hereby dismissed.
COUNSELS
A. Fadayiro, for the Appellant.
J. O. Falodun, D.D.P.P., (with him, A. E. Akenroye, P.S.C.I, Ondo State), for the Respondent.
