CASE TITLE: NCS BOARD & ORS v. SUNDAY (2022) LPELR-56417(CA)
JUDGMENT DATE: 6TH JANUARY, 2022
PRACTICE AREA: PRACTICE AND PROCEDURE.
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Enforcement of Fundamental Human Rights and Non-service of Notice of Appeal.
FACTS:
This is an appeal against the judgment of the High Court of Ogun State.
The Respondent was the Applicant at the trial Court in an application for enforcement of fundamental rights against the Appellants. The Respondent’s case was that on or about the 25th day of January, 2019, the officers of the Appellants carried out an anti-smuggling operation at the Owode Area of Ogun State, in the course of which the officers ransacked the shops of the traders in the area, including that of the Respondent’s deceased brother. The Respondent alleged that his brother was shot dead in the course of the operation.
The case of the Appellants, on the other hand, was a denial of the allegations. They asserted that they carried out an operation on 21st January, 2019 at the Celestial Church of Christ, Owode, in order to seize smuggled foreign parboiled rice which intelligence reports disclosed were loaded in about 50 vehicles coming to Owode from Ado Odo Creek. That upon arrival, they were attacked by hoodlums and that their officers fired shots in the air to disperse the crowd of attackers. They maintained that nobody was injured or killed as a result of the shots that were fired in the air.
In its considered judgment, the trial Court struck out the name of the 2nd Appellant from the action, entered judgment against the 1st Appellant only and further awarded the sum of N40 million as damages against the 1st Appellant.
Dissatisfied, the Appellants have appealed.
On appeal, the Respondent raised a preliminary objection on the grounds of non-service of the Notice of Appeal and failure of the Appellants to seek and obtain leave of Court to appeal on a ground of mixed law and fact.
ISSUES:
The preliminary objection was considered on the merits.
DECISION/HELD:
The preliminary objection succeeded and the appeal was accordingly struck out.
RATIOS:
- APPEAL – NOTICE(S) OF APPEAL: Effect of failure to effect service of a notice of appeal on the jurisdiction of Court
- APPEAL – NOTICE(S) OF APPEAL: How to effect service of a notice of appeal
- APPEAL – NOTICE(S) OF APPEAL: Whether notice of appeal should be served personally
- CONSTITUTIONAL LAW – ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT(S): Standard of proof in an action for enforcement of fundamental rights involving acts that amount to criminal offences
