Order 17 Court Of Appeal Rules 2021

Order 17 of the Court of Appeal Rules 2021 is about Criminal Appeal. It contains the following rules:

Order 17 Rule 1 Court of Appeal Rules 2021 – Appeals to which this Order applies (Form 1, 2, 3, 4, 5, or 7)

This Order shall apply to appeals to the Court from any Court or Tribunal acting either in its original or in its appellate jurisdiction in criminal cases, other than a Court-Martial, and to matters related thereto.

Order 17 Rule 2 Court of Appeal Rules 2021 – Applications not specifically provided for

Except where otherwise provided in these Rules any application to the Court may be made by the Appellant or Respondent or by a Legal Representative on his behalf orally or in writing, but in regard to such applications if the Appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar who shall take the appropriate steps to obtain the decision of the Court thereon.

Order 17 Rule 3 Court of Appeal Rules 2021 – Notice of Appeal or application for leave. etc.

(1) A person desiring to appeal to the Court against any judgment. sentence or order of the lower court, whether in the exercise of its original or of its appellate jurisdiction, shall commence his appeal by sending to the Registrar of the lower 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 Rule shall answer the questions and comply with the requirements set forth in sub-rule 1 above.

(3) The Court may, on the application of the Appellant, grant leave for amendment of the Notice of Appeal or grounds of appeal and may grant leave to the Appellant to argue additional 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 circumstance.

Order 17 Rule 4 Court of Appeal Rules 2021 – Vague Grounds

Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall  not be permitted, save the general ground that the judgment is unreasonable, unwarranted and cannot be supported having regard to the evidence, and a ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent.

Order 17 Rule 5 Court of Appeal Rules 2021 – Signing of Notice of Appeal

(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 by his legal representative except under the provision of sub-rules (5) and (6) of this Rule.

(2) Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by his legal representative. All notices required or authorised to be given shall be addressed to the registrar of the lower court to be forwarded by him to the Registrar: Provided that, notwithstanding that the provisions of Rules 3(1) and (2) and 5 (1) of this Order have not been strictly complied with, the Court may, in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the lower court.

(3) 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 served in accordance with the provision of Order 2 Rule 1 of these Rules.

(4) Where an Appellant 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.

(5) Where on the trial of a person entitled to appeal it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable of making his defence, any notice required to be given and signed by the Appellant himself may be given and signed by his legal representative.

(6) In the case of a body corporate, where any notice or other document is required to be signed by the Appellant, it shall be sufficient compliance therewith if such notice or other document is signed by the Company Secretary, Director, Manager or Legal Representative of such body corporate.

(7) An appeal is brought when the Notice of Appeal has been filed in the Registry of the lower court.

Order 17 Rule 6 Court of Appeal Rules 2021 – Application for Extension of Time (Criminal Form 7)

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 lower court, in the proper format of such application, a form duly filled up, of Notice of Appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.

Order 17 Rule 7 Court of Appeal Rules 2021 – Notification of result of Application for leave to Appeal (Criminal form 6)

(1) Where the Court or the lower court has, on a notice of application for leave to appeal duly filed and in the form provided under these Rule, granted 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 .

(2) Where an application for leave to appeal has been made to the lower court, the Registrar of that court shall send to the Registrar of the Court notification of the result of the application in Form 6 in the Second Schedule to these Rules together with the original of the application for leave to appeal and the case shall thereafter be dealt with by the Court.

Order 17 Rule 8 Court of Appeal Rules 2021 – Forwarding of Proceedings of the Lower Court to the Registrar

(1) When-
(a) the Registrar of the lower court has received a Notice of Appeal or a notice of application to the court for leave to appeal or for extension of the time within which such notice shall be given; or
(b) the lower court has granted leave to appeal, the Registrar of lower court shall –
(i) within 60 days of filing 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/physically copies of the Record of Appeal shall also be transmitted for the records of the Court; and
(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 connection with the appeal or application.

(2) Subject to the provisions of Rule 9 of this Order, the Registrar of lower court shall forward to the parties in the appeal hard/physically and electronic copies of the Record of Appeal

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

Order 17 Rule 9 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 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 in capital offence cases or where an Appellant is granted Legal Aid.

Order 17 Rule 10 Court of Appeal Rules 2021 – Record in Criminal Appeals from Lower Court in Original Jurisdiction

(1) The Record of Appeal in appeals or applications relating to appeals from the lower court acting in its original jurisdiction in criminal cases shall be legible and contain the following items arranged in this order-
(a) the index;

(b) the charge or information;
(c) the Judge’s notes of the evidence and minutes of the proceedings; Provided that if an electronic recording of the 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;

(d) the judgment or any additional ground or explanation thereof;
(e) the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(f) 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
(g) 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.

(2) 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 Court or a Judge of the court below shall otherwise direct.

Order 17 Rule 11 Court of Appeal Rules 2021 – Record in Criminal Appeals from Lower Court in Appellate jurisdiction

(1) The Record of Appeal in appeals or applications relating to appeals from the lower court acting its appellate jurisdiction in criminal matters shall contain legible, typed or printed copies of the following items arrangement in this Order –
(a) the index which shall include the particulars of the record of proceedings from the lower court;
(b) the record of proceedings from the trial court as submitted to the lower court;
(c) the Notice of Appeal and all other relevant documents filed in the connection with the appeal in the lower court
(d) the notes of the judges of the hearing of the appeal and minutes of the proceedings;
(e) the judgment of the lower court;
(f) the Notice of Appeal to the Court or notice of application for leave to appeal to the Court, or notice of application to the Court for extension of time in which such notice shall be given; and
(g) where leave to appeal has been granted by the court below, a copy of the order granting leave.

(2) it shall not be necessary for the Record of Appeal to contain copies of any recognisances entered into for the purposes of the appeal in the lower court or of the appeal or application to the Court, unless the Court or a Judge of the Lower Court shall otherwise direct. 

Order 17 Rule 12 Court of Appeal Rules 2021 – Bail (Criminal Forms 8, 9 and 10)

(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 Appeal 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 recognisances 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 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 17 Rule 13 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 17 Rule 14 Court of Appeal Rules 2021 – Varying Order of Restitution of property

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 lower 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.

Order 17 Rule 15 Court of Appeal Rules 2021 – Non-Suspension of Order of Restitution

Where the Judge of the lower court is of opinion that the title to any property, the subject of an order of restitution made on a conviction of a person before him is not in dispute, he, if he is of 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 he shall think right, in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.

Order 17 Rule 16 Court of Appeal Rules 2021 – Non-issuance of Certificate of Conviction

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 by the lower court, once a Notice of Appeal or notice of application for leave is given until the determination or abandonment thereof.

Order 17 Rule 17 Court of Appeal Rules 2021 – Notice of Abandonment of Appeal (Criminal Form 11, 11A and 12)

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

(2) Upon receipt of a notice of abandonment duly completed and/or marked by the Appellant or the party authorised to sign notice under the Order, the Registrar shall give notices thereof in Form 12 in the Schedule to these Rules to the Respondent, the Correctional Centre authority and the Registrar of the lower court, and in the case of an appeal against a conviction involving a sentence of death shall in like manner give notice to the Permanent Secretary of the appropriate Federal or State Ministry, for the information of the authority responsible for advising the President of the Federal Republic of Nigeria, the Governor of State, as the case may be, 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.

Order 17 Rule 18 Court of Appeal Rules 2021 – Withdrawal of Notice of Abandonment of Appeal (Criminal Forms 13 and 13A)

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, in the Second Schedule (together with Form 7 – Notice of Application for extension of time with which to appeal) and sending them to the Registrar.

Order 17 Rule 19 Court of Appeal Rules 2021 – Attendance of witness before the Court (Criminal Forms 14, 15, 16 and 17)

(1) An appellant before the Court may, where necessary, apply to the Court that a necessary witness attends and be examined by the Court on his behalf as in Form 15 in the Second Schedule.

(2) Where the Court grants the above application, an Order as in Form 14 in the Second Schedule to these Rules shall be served upon such witness specifying the time and place at which to attend for such purpose.

(3) Such Order may be made at any time, on the application of the Appellant or Respondent, but if the Appellant is in custody and not legally represented, the application shall be made by him in Form 15 in the Second Schedule.

(4) Where the Court orders the examination of any witness conducted otherwise than before the Court itself, such Order shall specify the person appointed as Examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.

(5) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested to do so. Such documents, exhibits and other material(s) after examination has been concluded, shall be returned by the Examiner, together with any deposition taken by him under this Rule to the Registrar.

(6) When the Examiner has appointed the day and time for the examination, the Examiner shall request the Registrar to give notice thereof to the Appellant and Respondent and their Legal Representatives, if any, and if the Appellant is in custody, to the Correctional Service authority. The Registrar shall cause to be served on every witness to be examined a notice as in Form 16 in the Second Schedule to these Rules.

(7) Every witness examined before an Examiner under this Rule shall give his evidence upon oath, or affirmation to be administered by such Examiner; except where any such witness if giving evidence as a witness at a trial on information need not be sworn.

(8) The examination of every such witness shall be taken in the form of a deposition and unless otherwise ordered shall be taken in private. The caption in Form 17 in the Second Schedule to these Rules shall be attached to any such deposition.

(9) Where any witness shall receive an order or notice to attend before the Court or an Examiner, the Registrar may, if it appears, to him necessary to do so, pay to such witness a reasonable sum for his expenses.

(10) The Appellant and Respondent, or their Legal Representatives, shall, unless the Court otherwise directs, be entitled to be present at and take part in any examination of any witness to which this Order relates.

Order 17 Rule 20 Court of Appeal Rules 2021 – Proceeding on Reference

When an order of reference is made by the Court to a special Commissioner, the question to be referred, and the person to whom as special Commissioner the same shall be referred, shall be specified in such order. The Court may, in such order or by giving directions as and when it deems it necessary,  specify whether the Appellant or Respondent or any person on their behalf may be present at any examination or investigation or at any stage thereof as may be ordered, and a specify any and what powers of the Court may be delegated to such special Commissioner, and may require him from time to time to make interim reports to the Court upon the question referred to him and may, if the Appellant is in custody, give leave to him to be present at any stage of such examination or investigation and give the necessary directives to the Correctional Service authority accordingly, and may give directions to the Registrar that copies of any report made by such special Commissioner shall be furnished to the Appellant and the Respondent.

Order 17 Rule 21 Court of Appeal Rules 2021 – Notice of final determination of Appeal (Criminal Forms 18, 19, 20 or 21)

(1) On the final determination of any appeal, or of any application to the Court, the Registrar shall give to the Appellant, if he be in custody and has not been present at such final determination, and to the Respondent and the Correctional Service Authority, notice of such determination in Form 18, 19, 20 or 21 under the Second Schedule to these Rules, 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 Notice of Appeal, send copies thereof to the Respondent, the Correctional Service Authority and the Permanent Secretary to the appropriate Federal or State Ministry, for the information of the authority responsible for advising the President or the Governor of a State, as the case may be, on the exercise of the prerogative mercy.

Order 17 Rule 22 Court of Appeal Rules 2021 – Notification of Results of Appeal to Lower Court

(1) The Registrar at the final determination of an appeal shall notify, in such manner as he thinks most convenient, to the Registrar of the lower court, 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.

(2) The registrar of the court below shall on receiving notification referred to in this Rule, enter the particulars thereof on the records of such court.

Order 17 Rule 23 Court of Appeal Rules 2021 – Return of Original Deposition, etc.

Upon the final determination of an appeal by the Court for purposes of which the Registrar has obtained from the registrar of the below any original depositions, exhibits; information, inquisition, plea or documents, usually kept by the said Registrar or forming part of the record the lower court, the Registrar shall, after two(2) years, cause the same to be returned to the Registrar of the lower court.

Order 17 Rule 24 Court of Appeal Rules 2021 – Service of Record of Appeal to the Supreme Court

(1) Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the Record Appeal, serve upon every Appellant who has duly given a Notice of Appeal, paid the fees fixed by the Registrar to cover the cost of Record of the Appeal, 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 an 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.

Order 17 Rule 25 Court of Appeal Rules 2021 – Certification of Service of Record on the Appellant/Respondent (Criminal Forms 22 and 23)

(1) 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 or to like effect.

(2) In addition to the requirements of Order 7 Rule 4 of the Supreme Court Rules, the Registrar shall as soon as the Record and notice of compilation of the Record of Appeal to the Supreme Court have 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 the parties to the Appeal.