ADAMU JAURO, JCA (Delivering the Lead Ruling): The notice of appeal in respect of this appeal dated 7th June, 2004 and contained on pages 126 to 133 of the record of proceedings, was signed by an unnamed person for Olatunde Adejuyigbe Esq, appellant's counsel. Consequent upon this discovery, the parties in this appeal were invited to address the court as to the competence of the notice of appeal.
Mr. Olatunde Adejuyigbe for the appellant, stated that the notice of appeal was signed on his behalf by Miss. Oluwabunmi Jolaoso, though her name was not stated therein. Learned counsel submitted that any non compliance with the Rules of Court can be waived for the benefit of hearing the appeal pursuant to Order 19 Rule 3 of the Court of Appeal Rules 2007. Learned counsel urged the court to take a cue from the cases of Ogundele v. Agiri (2009) 18 NWLR (Pt.1170) 219 at 246 - 247 and Ogunsakin v. Ajidara (2008)6 NWLR (Pt. 1082)1 at 24 and 35, with a view of saving the appeal, learned counsel c…