UDO
V.
THE STATE

(1981) JELR 46379 (SC)    

Supreme Court  ·  SC.55/1979 ·  9 Jul 1981 ·  Nigeria
 · 
Other Citations
UDO v. THE STATE (1981) 6-7 S.C. (REPRINT) 101
CORAM
UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO 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
j.s.c.
appellant
court
federal court of appeal
counsel
merit
capital cases
favour of the appellant
merits
accused persons
a. g. irikefe
a. n. aniagolu
a. nnamani
appeals
brother
cases
conviction
court of appeal
dastardly act of murder
defective
enugu
exercise of justice
facts
g. s. sowemimo
heading
judgment
k. eso
law
leading judgment
m. bello
mere technicalities
notice of appeal
notices of appeal
orders
presiding justice
regard
sentence
services of counsel
submission
submission of the appellant
technicalities
times
undesirability
u. udoma
view of the notice of appeal

U. UDOMA, J.S.C. (Delivering the Leading Judgment): Appeal dismissed.

G. S. Sowemimo, J.S.C.: The appellant appealed to the Federal Court of Appeal and his counsel said he has nothing to urge in favour of the appellant. He said further that the notice of appeal filed by the appellant was not proper because of the heading. The Federal Court of Appeal ordered that in view of the notice of appeal being defective, the appeal is not properly before that court and so it was accordingly struck out.

Before us there was no judgment on which the appellant could have appealed since his appeal in the Federal Court of Appeal was struck out and therefore we hereby dismissed the appeal.

A. G. IRIKEFE, J.S.C.: I agree with the orders made by the Presiding Justice. Accordingly, the appeal stands dismissed.

M. BELLO, J.S.C.: I agree the appeal has no merits and it should be dismissed. Conviction and sentence affirmed.

K. ESO, J.S.C.: I agree that the appeal should be dismissed and it is hereby dismisse…

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