Time Within Which to File a Criminal Appeal to the Supreme Court from the Decision of the Court Of Appeal; Effect of Failure

CASE TITLE: STEPHEN v. STATE (2022) LPELR-57336(SC)

JUDGMENT DATE: 25TH FEBRUARY, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: EMMANUEL AKOMAYE AGIM, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal Law and Procedure.

FACTS

The Appellant herein and one Kuroakegha Femowei, were charged before the Bayelsa State High Court, for the offences of Conspiracy and Armed Robbery.

At the close of trial, they were found guilty of lesser offences of Conspiracy to commit Robbery and Robbery and sentenced to twenty-one (21) years imprisonment.

The Appellant was dissatisfied with his conviction and sentence and appealed to the Court of Appeal. The crux of his appeal at the Court was that the trial Court was in error to have convicted him for a lesser offence, when there is no provision under the Robbery and Firearms (Special Provisions) Act, CAP R11, LFN 2004, to do so.

The Court of Appeal in its judgment affirmed the judgment of the trial court and dismissed the appeal. The Appellant, further aggrieved by the judgment of the Court of Appeal, appealed to the Supreme Court.

ISSUES FOR DETERMINATION

The Apex Court pointed out that the Notice of Appeal giving birth to this appeal was filed 53 days after the judgment of the Court of Appeal in clear contravention of the provisions of Section 27(2)(b) of the Supreme Court Act 2004, which provides that a notice of appeal should be filed within 30 days after the judgment of the Court of Appeal. Thus the appeal was decided on the propriety or otherwise of the time the appeal was filed.

DECISION/HELD

The appeal was unanimously struck out.

RATIOS:

• APPEAL – NOTICE(S) OF APPEAL: Effect of a notice of appeal filed out of time
• APPEAL – CRIMINAL APPEAL: Time within which to file a criminal appeal to the Supreme Court from the decision of the Court of Appeal; effect of failure