EKWERE
V.
THE STATE

(1981) JELR 46402 (SC)    

Supreme Court  ·  SC.23/1981 ·  17 Sep 1981 ·  Nigeria
 · 
Other Citations
EKWERE v. THE STATE (1981) 9 S.C. (REPRINT) 3
CORAM
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
Core Terms Beta
appeal
federal court of appeal
case
merits
court
enugu
nigeria housing development society ltd.
10th april
30th april
briefs
counsel
decision of this court
merit
notice
notice of appeal
regard
30th day of april
addis ababa
adjudication
a. g. irikefe
a. n. aniagolu
a. nnamani
a. o. obaseki
case of nofiu surakatu v
circumstances
conviction
court of appeal
date
decision
decision of the federal court of appeal
decision of the supreme court
dev
discretion
flimsy ground
ground
k. eso
law
learned counsel
nigeria
nofiu surakatu v
order
principle
procedural irregularity
right thumb impression
sc
signature
soc
substantial justice
technicalities
wider interests of justice

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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