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…