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…

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