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EKWERE
V.
THE STATE

(1981) JELR 46402 (SC)

Supreme Court 17 Sep 1981 Nigeria
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- The appellant’s conviction for murder was appealed to the Federal Court of Appeal, which struck out the appeal without hearing the merits, citing a technical defect in the notice of appeal’s heading and signature (thumb impression due to

Case Details

Suit Number:SC.23/1981
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Counsel:Mr. F. O. Akinrele, SAN., (with him, Mr. A. Ajayi) For Appellant Miss Ime Essien-Udom, Senior State Counsel, Cross-River State For Respondent
Other Citations:EKWERE v. THE STATE (1981) 9 S.C. (REPRINT) 3

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): Appeal allowed. Appeal remitted to the Court of Appeal for a hearing on its merit.

A. O. OBASEKI, J.S.C.: The appeal to the Federal Court of Appeal was struck out without hearing it on the merits on the 30th day of April, 1979 on the flimsy ground that the notice of appeal was wrongly headed by the appellant who affixed his right thumb impression on the notice as signature. I presume this is because he was illiterate.

He has brought this appeal within time and both counsel have wisely agreed that the appeal be allowed and the case remitted to the Federal Court of Appeal for hearing on the merits. It behoves the Federal Court of Appeal to consider all the circumstances before embarking on technicalities to strike out an appeal against conviction for capital offence of murder. See Nofiu Surakatu v. Nigeria Housing Development Society Ltd. (1981)4 S.C. 26.

I agree that this appeal be allowed. It is hereby allowed and the case remit…

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