Attorney-general of the Federation V. Ralph Uwazuike & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

O.O. ADEKEYE, J.C.A.

This is an appeal against the Ruling of the Federal High Court; Abuja delivered on the 27th of January 2006.

The seven accused persons now appellants were arraigned before the Federal High Court Abuja on a four count charge for offences as follows:-

a criminal trial – which is not the case in the instant appeal. Order 4 Rule 3(1) of the same Rules applies to an appeal after judgment, sentence or order.

The present appeal does not arise out of a conviction in the lower court. It is an appeal against refusal to grant bail pending appeal. The appeal here is not against a criminal conviction. The cases – Bawai Anor V The State 2004 16 NWLR pt 899 pg 285 – 296 and Christopher Ebughina & ors V C.O.P. 1965 NMLR pg 169 cited by the respondent are not applicable.

I have carefully considered the submission of learned counsel for both parties. The issue for consideration here is straight forward and within narrow limits. It is to resolve whether the accused/appellants have complied with the rules of court in respect of filing of their notice of appeal. The procedure to be followed in filing of notice of appeal is as stipulated in Order 4 Rules 3(1)(2) and Rule 4(1) of the Court of Appeal Rules 2002.

Order 4 Rule 3(1) reads:-

A person desiring to appeal to the Court against any Judgment, Sentence or Order of the court below whether in the exercise of its original or of its appellate jurisdiction, shall commence his appeal by sending to the registrar of the court below a notice of appeal or notice of application for extension of time within which such notice shall be given in the form of such notice respectively Set-forth as forms 1, 2, 3, 4, 5 or 7 in the second schedules to these Rules.

Rule 4(1) reads:-

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 applicant himself except under the provisions of paragraph (5) and (6).

There is however a provision that:-

“Provided that, notwithstanding that the provision of rules 3(1) and (2) and 4(1) of this order have not been strictly complied with, the contrary in the interest of justice and for good and sufficient cause shown, entertain all appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the lower court.

It is worthy of note that appeals are creation of statutes. The jurisdiction of the Court of Appeal to entertain an appeal or adjudicate on any matter brought before it is statutory and guided by the Rules of the court. When the competence of an appeal is raised, the court is duty bound first to determine whether the appeal is competent before taking any further step in the appeal. Moreover failure to comply with the statutory requirement prescribed by the relevant laws under which such appeals may be competent and properly before the court will deprive the appellate court jurisdiction to adjudicate on the appeal.

Auto Import & Export V Adebayo 2003 FWLR pt 140 pg 1686