Whether Leave of Court Is Required to Appeal Against a Consent Judgment

CASE TITLE: FULANI v. FRN (2022) LPELR-57913(CA)

JUDGMENT DATE: 4TH JULY, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the competence of an appeal against a conviction based on a plea of guilt.

FACTS:

The Appellant filed this appeal on 14/9/2021 against the judgment of Kano State High Court in Charge No. K/EFCC/38/21, delivered on 30/8/2021, by Hon. Justice Sanusi Ado Ma’aji, wherein the learned trial judge convicted the Appellant for offence of obtaining money by false pretenses and sentenced him to 7 years imprisonment, upon the Defendant pleading guilty to the charge.

The Appellant, as Defendant, was charged to Court and was arraigned. He was not represented by Counsel and the matter was adjourned for the arraignment and plea. The charge was read to him by the Registrar of the Court, who interpreted the charge from English Language to Hausa Language to him and Appellant appeared to understand the same, and pleaded GUILTY to the charge. The prosecuting Counsel urged the Court to sentence the Appellant, and said that there was no previous record of conviction against him. The trial Court convicted and sentenced the Appellant to 7 years imprisonment.

Dissatisfied with the decision, the Appellant appealed to the Court of Appeal. The Respondent, however, filed a preliminary Objection against the Appellant’s Notice of Appeal on the grounds that it was an abuse of the Court process, and that this Court lacks the jurisdiction to hear it, as the Appeal is against a consent judgment and Appellant did not obtain leave of Court to appeal against it, as stipulated in Section 241(2)(c) of the 1999 Constitution, as amended.

ISSUES FOR DETERMINATION:

The Court determined the Respondent’s Preliminary Objection on the following issues;

1) Whether the Notice of Appeal, dated 14th September 2021 was an abuse of the court process and therefore incompetent?

2) Whether this Honourable Court lacks the requisite jurisdiction to entertain the said Notice of Appeal.

DECISION/HELD:

The Preliminary Objection was upheld and the appeal was struck out for being incompetent.

RATIOS:

• APPEAL – LEAVE OF COURT/LEAVE TO APPEAL: Whether a decision entered on a plea of guilt is a consent judgment for which leave of Court is required to appeal against same; effect of failure to obtain such leave
• APPEAL – LEAVE OF COURT/LEAVE TO APPEAL: Whether leave of Court is required to appeal against a consent judgment in both criminal and civil proceedings
• CRIMINAL LAW AND PROCEDURE – PLEA OF GUILT: Effect of a plea of guilt by an accused
• CRIMINAL LAW AND PROCEDURE – PLEA OF GUILT: Whether an accused person convicted on his plea of guilt can turn around and contest his conviction; circumstances where an accused person can appeal against such conviction