ETIM
V.
THE STATE

(1982) JELR 46389 (SC)

Supreme Court · SC.12/1981 · 7 Oct 1982 · Nigeria
·

Other Citations

ETIM v. THE STATE (1982) 10 S.C. (REPRINT). 10

CORAM

AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE 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

Core Terms ^Beta

appeal

section

time

court

j.s.c.

supreme court act

notice of appeal

purported appeal

11th november

decision

murder trials

need

10th december

30th december

act

a. g. irikefe

a. o. obaseki

apparent unsatisfactory situation

appellant

authority

brothers

capital offence

c. idigbe

circumstances

civil matters

decision of the federal court of appeal

decisions

decisions of the court of appeal

fact

file

heinous criminal offences

jurisdiction

k. eso

lack of power

lower court

m. bello

no.

notice

occasion

part of this court

performance of my duty

present matter

record of proceedings

re-examination of the supreme court act

regard

review of this particular section of the supreme court act

type of matter

A. G. IRIKEFE, J.S.C.: This purported appeal is clearly defective. The decision appealed against was delivered on 11th November, 1980, while the Notice of Appeal against that decision was not given until 30/12/80 as the file from the lower court clearly shows. As this court is not competent to extend time in this type of matter under Section 31(4) of the Supreme Court Act (No. 12 of 1960), the purported appeal is hereby struck out.

M. BELLO, J.S.C.: The Notice of Appeal having been filed out of time, the purported appeal is incompetent: Section 31(2) (b) of the Supreme Court Act. Being a capital offence the court cannot extend the time within which to appeal: Section 31 (4) of the Act.

The purported appeal is struck out.

C. IDIGBE, J.S.C.: Once again, this is one occasion on which it is necessary for me to repeat the need for re-examination of the Supreme Court Act 1960 as regards the lack of power or authority on the part of this court to enlarge time within which to appeal from deci…

ETIM V. THE STATE

ETIM
V.
THE STATE