Order 18 Court Of Appeal Rules 2021

Order 18 of the Court of Appeal Rules 2021 is about Appeals from Courts Martial and Tribunals. It contains the following rules:

Order 18 Rule 1 Court of Appeal Rules 2021 – Notice of Appeal and other Notices

(1) A person desiring to appeal to the Court against any decision of the lower court shall commence his appeal by sending to the Registrar of the lower court or other person or body imbued with or who performs such functions and powers as the registrar of a regular court, a Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice respectively set forth as forms 1, 2, 3, 4, 5 or 7 in the Second Schedule to these Rules.

(2) A person sending any notice or notices under this Order shall answer the questions and comply with the requirements set forth therein.

(3) The Court may of its own motion or on the application of the Appellant amend the notice or grounds of appeal and may grant leave to the Appellant to argue additional or amended grounds of appeal: Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the Respondent is necessary but had not been given, the Court may adjourn the appeal or make such order(s) as it may deem fit in the circumstances.

Order 18 Rule 2 Court of Appeal Rules 2021 – Signing of Notice of Appeal and other Notices

(1) Every Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, shall be signed by the Appellant himself or his Legal Representative, except as stipulated under sub-rule (3) of this rule.

(2) Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post or electronic means addressed to the person to whom such notice or other document is so required or authorised to be given or sent.

(3) Where an Appellant or any other person authorised or required to give or send any Notice of Appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such Appellant.

Order 18 Rule 3 Court of Appeal Rules 2021 – When an Appeal is Brought

An appeal shall be deemed to have been brought when the Notice of Appeal has been filed in the Registry of lower court.

Order 18 Rule 4 Court of Appeal Rules 2021 – Applications for Extension of Time

(1) An application to the Court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the Court, in the proper format of such application, a form duly filled, of Notice of Appeal, or notice of application for leave to appeal, or extension of time to appeal appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.

(2) Where the Court has, on a notice of application for leave or extension of time to appeal, duly sent and in the Form provided under these Rules, given an Appellant leave to appeal, it shall not be necessary for such Appellant to give any Notice of Appeal but the notice of application for leave to appeal shall in such a case be deemed to be a Notice of Appeal.

Order 18 Rule 5 Court of Appeal Rules 2021 – Certificate of Conviction: When Registrar not to issue

The Registrar of the lower court shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted in the lower court once a Notice of Appeal or notice of application for leave to appeal or notice of extension of time to appeal is given, until the determination or abandonment of such notice.

Order 18 Rule 6 Court of Appeal Rules 2021 – Record of Appeal

(1) When-
(a) the Registrar of the lower court has received a Notice of Appeal or an application to the Court for leave to appeal or for extension of time within which such notice shall be given; or
(b) the lower court has granted leave to appeal, the Registrar of the lower court shall –
(i) within 60 days of the filing of the Notice of Appeal, prepare the Record of Appeal in the manner prescribed in these Rules, encrypt and transmit it electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered: Provided that ten hard/physical copies of the Record of Appeal shall also be transmitted for the records of the Court;
(ii) forward the original exhibits in the case as far as practicable and any original depositions, information, inquisition, plea, or other documents usually kept by him or forming part of the record of the lower court together with the originals of any recognisances entered into or any other documents filed in connect with the appeal or application; and
(iii) Subject to the provisions of Rule 9 of this Order, the Registrar of the lower court shall forward to the parties in the appeal hard/physical and electronic copies of the Record.

(2) The Court may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it may impose.

(3) The Record of Appeal in appeals or applications relating to appeals from the lower court shall be legible and contain the following items arranged in this order –
(a) the index;
(b) the charge or information ;
(c) proof of evidence ;
(d) notes of evidence and minutes of the proceedings: Provided that if an electronic recording of hearing has been taken, a copy of the transcript thereof may be included, either in addition to or in substitution of the Judge’s notes, as he may direct ;
(e) the judgment or any additional ground or explanation thereof;
(f) the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(g) all documentary exhibits put in at the trial including depositions read in consequence of the absence of a witness: Provided that in the cases of books of accounts or other documents of great length, extracts of the relevant portions thereof only shall be included; and
(h) the Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time in which such notice shall be given.

(4) It shall not be necessary for the Record of Appeal to contain copies, of any recognisances entered into or documents filed in connection with the appeal or application other than those set out in sub-rule (1) of this Rule unless the lower court shall otherwise direct.

Order 18 Rule 7 Court of Appeal Rules 2021 – Fees

(1) The fees set out in the Third Schedule shall be taken and paid upon every appeal under this Order.

(2) The Court or the lower court may waive in whole or in part the payment of any fees or the making of any deposit.

(3) Fees shall not be payable in appeals against death sentences, capital offences or where an Appellant is granted Legal Aid.

Order 18 Rule 8 Court of Appeal Rules 2021 – Bail, Fine and Restitution

(1) Where the Court or the lower court admits an Appellant bail pending the determination of his appeal on an application by him duly made, such court shall specify the amounts in which the Appellant and surety or sureties (unless such Court directs that no surety is required) shall be bound by recognisances and shall direct, if it thinks fit so to before whom the recognisances of the Appellant and his surety or sureties (if any) may be taken.

(2) In the event of the lower court not making any special order giving any special directions under this Rule, the recognisances of the Appellant and of his surety or sureties (if any) may be taken before the Registrar.

(3) The recognisances provided for in this Rule shall be in Forms 8 and 9 in this Second Schedule to these Rules.

(4) The Registrar of the lower court, shall forward the recognisances of the Appellant and his surety or sureties to the Registrar.

(5) An Appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and at the final determination thereof. The Court may in the event of such Appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same and may issue a warrant for apprehension of the Appellant in Form 10 in the Second Schedule to these Rules: Provided that the Court may consider the appeal in his absence, or make such other order as it deems fit.

(6) When an Appellant is present before the Court, the Court may, on an application, made by any person or, if it thinks right so to do without any application, make an order admitting the Appellant to bail, or revoke or vary, any such order previously made, or enlarge from time to time, the recognisance of the Appellant or of his sureties or substitute any other surety for surety previously bound as it thinks right.

(7) At any time after an Appellant has been admitted to bail, the Court or where the Appellant was released on bail by the lower court, the Court may, if satisfied that it is in the interest of justice so to do, revoke the order admitting to bail, and issue a warrant in Form 10 in the Second Schedule of these Rules.

Order 18 Rule 9 Court of Appeal Rules 2021 – Fines

(1) Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, and such person remains in custody in default of payment of the fine, he shall be deemed, for purposes of appeal, to be a person sentenced to imprisonment.

(2) An Appellant who has been sentenced to payment of a fine and has paid the same or part thereof in accordance with sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the Court, to the refund of the sum or any part thereof so paid by him.

Order 18 Rule 10 Court of Appeal Rules 2021 – Restitution

(1) Where, upon the trial of a person entitled to appeal against his conviction, an order of restitution of any property to any person has been made by the Court, the person in whose favour or against whom the order of restitution has been made, and with the leave of the Court, any other person, shall, on the final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made.

(2) Where the lower court is of the opinion that the title to any property the subject of an order of restitution made on a conviction of a person before it, is not in dispute, it, if it is of the opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such direction to or impose such terms upon the person in whose favour the order of restitution is made, as it deems fit in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.

Order 18 Rule 11 Court of Appeal Rules 2021 – Abandonment of Appeal

(1) An Appellant may, at any time after he has duly served notice of Abandonment appeal or application for leave to appeal, or of application for extension of of Appeal time within which such notice shall be given, may abandon his appeal by giving notice of abandonment thereof to the Registrar, and upon such notice being given, the appeal shall be deemed to have been dismissed by the Court. Notice of abandonment of an appeal shall be in Criminal Form 11 or 11A, as the case may be.

(2) Upon receipt of a notice of abandonment duly completed and signed or marked by the Appellant or the party authorised to sign notice under Rule 4 of this Order, the Registrar shall give notices thereof in Form 12 in the Second Schedule to the Respondent, the prison or military authority and the registrar of the lower court, and in the case of an appeal against conviction involving a sentence of death, shall in like manner give notice to the Permanent Secretary of the Ministry of Defence (howsoever called), for the information of the authority responsible for advising the President of the Federal Republic of Nigeria on the exercise of the prerogative of mercy, and the Registrar shall also return to the Registrar of the lower court any original documents and exhibits received from him.

Withdrawal of Abandonment of Appeal
(3) An Appellant who has abandoned his appeal may, in special cases, with the leave of the Court, withdraw his notice of abandonment by duly completing Form 13 or 13A, as the case may be, together with Form 7 in the Second Schedule to these Rules and sending them to the Registrar.

Order 18 Rule 12 Court of Appeal Rules 2021 – Procedure after Determination of Appeal

(1) Upon the final determination of any appeal or of any application to the Court, the Registrar shall give to the Appellant, if he is in custody and has not been present at such final determination, and to the Respondent and the prison or military authorities, notice of such determination in Form 18, 19, 20 or 21 in the Second Schedule, as the case may be.

(2) In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving the Notice of Appeal, physically and electronically send copies thereof to the Permanent Secretary of the Ministry of Defence or other department of government for the information of the authority responsible for advising the President on the exercise of the prerogative of mercy, to the Respondent and to the prison or military authorities.

(3) The Registrar shall, upon the final determination of an appeal, notify the Registrar of the lower court, in such manner as he thinks most convenient, the decision of the Court in relation thereto and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.

(4) The Registrar of the lower court shall on receiving the notification referred to in this Rule, enter the particulars thereof on the records of such court.

(5) Upon the final determination of an appeal for the purpose of which the Registrar has obtained from the Registrar of the lower court any original depositions, exhibits; information, inquisition, plea or other documents, usually kept by the said Registrar, or forming part of the record of the lower court, the Registrar shall; where practicable, cause the same to be returned to the Registrar of the lower court.

Order 18 Rule 13 Court of Appeal Rules 2021 – Service of Record of Appeal

(1) Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the Record of Appeal serve upon every Appellant who has duly given a Notice of Appeal and paid the fees fixed by the Registrar to cover the cost of Record of the Appeal, or whose fees have been waived in accordance with these Rules, a copy of the Record of Appeal

(2) The Record of Appeal may be served upon the Appellant in any manner prescribed by these Rules for the service of notice or other documents relating to the appeal.

(3) The Registrar shall thereafter cause to be served upon every Respondent in the appeal, who has filed an address for service a copy of the Record of Appeal.

(4) Within fourteen(14) days after a Record of Appeal has been served upon an Appellant, the Registrar shall certify under his hand that he has served the Record of Appeal upon every such Appellant. The certificate of service shall be in Criminal Form 22 in the Second Schedule to these Rules, or to like effect.

(5) In addition to the requirements of any relevant provision of the Supreme Court Rules, the Registrar shall as soon as the Record of Appeal to the Supreme Court has been served on the Appellant and the Respondent, as the case may be, transmit to the Supreme Court a certificate that a copy of the Record of Appeal to the Supreme Court has been served on either or both parties in the Appeal thereto.

Order 18 Rule 14 Court of Appeal Rules 2021 – Savings and Transitional Provisions

(1) No pending appeal from the decision of a Court Martial or other Tribunal or the process or proceedings of the Court, wholly or in part, shall become incompetent merely on account of non-compliance with the provisions of this Order; but upon the Rules coming into force, all such appeals, processes or proceedings shall stand modified to conform with the Rules: Provided that on the coming into force of these Rules, all fresh appeals, processes and proceedings shall comply therewith.

(2) In any situation where there are no provisions or no sufficient provisions in this Order on any matter, recourse could be had to any relevant provisions of the Court of Appeal Act or any Rules of Practice of the Court for the time being in force and same shall apply to the situation with such modifications that are necessary.