OPUTA, J.S.C (Delivering the Leading Judgment): When this appeal came up for hearing on the 21st November, 1985, it was discovered that the Notice and Grounds of Appeal were filed outside the Statutory period of 30 days stipulated by Section 31(2)(b) of the Supreme Court Act No.12 of 1960 and since under Section 31(4) of the same Act this Court has no jurisdiction to extend time "in the case of a conviction involving sentence of death", the appeal was adjourned to 23rd January 1986 to enable Chief Akinrele, SAN, satisfy the Court that the appeal is competent and properly pending before this Court. In other words and as it concerns this appeal, the question is-When is an appeal filed? Is it the date the Notice and Grounds of Appeal were signed by the Appellant or the date such Notice and Grounds were delivered to the Registrar of the appropriate Court, the requisite fee paid and the appeal duly entered in the Registry of the court? Chief Akinrele dealt with this preliminary point in hi…
ADIO & ANOR.
V.
THE STATE
(1986) JELR 42612 (SC)
Supreme Court 18 Apr 1986 Nigeria
BriefBot Summary
- The appellants, night watchmen, were convicted of murder based on their confessional statements and corroborative circumstantial evidence, having participated in the brutal killings of several Ghanaians in Ibadan on 24 June 1981. - On app
Case Details
Suit Number:SC.102/1985
Judges:KAYODE ESO JSC
MUHAMMADU LAWAL UWAIS JSC
DAHUNSI OLUGBEMI COKER JSC
ADOLPHUS GODWIN KARIBI-WHYTE JSC
CHUKWUDIFU AKUNNE OPUTA JSC
Counsel:Chief F. O. Akinrele (SAN) (with him P. A. Igbo Osagie (Miss.)) For the Appellant;
Dr. (Mrs.) G. O. Olateru-Olagbegi, Deputy Director of Public Prosecution Oyo State For the Respondent.
Other Citations:ADIO & ANOR. V. THE STATE (1986) NWLR (PT. 24) 581 (1986) All N.L.R 425 (1986) 4 S.C. 195
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