ETIM
V.
THE STATE
·
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…