PETER-ODILI JSC (Delivering the Lead Judgment): The appellant with one other were initially charged with offences ofconspiracy to commit armed robbery and armed robbery before the trial court. ... Appellant aggrieved appealed to the Court of Appeal challenging the conviction and sentence upon an undated notice of appeal.
The respondent raised a preliminary objection challenging the competence of the said notice of appeal and the entire appeal on the ground that the said notice of appeal offended the provisions of Order 16, rule 3(1) and (2) of the Court of Appeal Rules, 2007 in that the appellants’ filed a joint notice of appeal instead of each filing his separate notice. Also, that the appellants had already served their prison sentence before they even filed the appeal.
On the basis of the objection, the Court of Appeal dismissed the appeal of the appellants on the ground that the court lacked the jurisdiction to entertain the appeal on the merit.
Further dissatisfied, the appellant …