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ANABA
V.
THE STATE

(1987) JELR 39990 (SC)

Supreme Court 8 Oct 1987 Nigeria
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Case Details

Suit Number:SC.154/1986
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Counsel:N.T.A. Adeoluwa (holding brief for Chief Jibowu) For Appellant Mrs. M.C. Ofifi, Principal State Counsel, Ministry of Justice, Owerri For Respondent
Other Citations:Anaba v. State (1988) NWLR (PT.74) 1

ESO, J.S.C. (Delivering the Leading Judgment): There is no appeal before this Court. The judgment of the Court of Appeal was given on 10/12/84. Notice of appeal was filed on 24/1/85. This time cannot be extended see S.31(4) of the Supreme Court Act 1960.

The purported appeal is struck out. I must comment though that the learned counsel assigned to argue this appeal has presented to the Court an excellent Brief. I think the time has arrived when an amendment to s.31 of the Supreme Court Act should be considered. It spells injustice, especially in a case like this, where the Brief filed has disclosed some merit in this capital case. A similar amendment has been made to the Court of Appeal Act 1976 s.25 (as amended in 1979 by No. 59 of 1979).

Time within which to file Notice of Appeal has been extended from 30 days to 90 days with discretion in the Court to extend further.

The views of this Court shall be made known to the Hon. Attorney-General of the Federation and the Prerogative of M…

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