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APPEAL CANNOT BE DECIDED WHERE NOTICE OF APPEAL IS COMPETENT

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My lords, it is of utmost importance and I so bear it in my mind that it is only when a notice of appeal is competent that a determination of it on the merit will be feasible. In other words, where a notice of appeal is incompetent, it is liable to be terminated in limine and it would be of no moment no matter how meritorious it would have been if it were to be considered on the merit. In law, one of the most essential requirement or condition precedent for the competence of an appeal to be determined on the merit by the Court is a valid notice and grounds of appeal, in the absence of which such an appeal would be rendered incompetent and thus incapable of being determined on the merit by this Court for without jurisdiction there can be no competence of any cause or matter or appeal before the Court. It has long been settled in our law that jurisdiction is a fundamental one and thus can be raised at any stage of the proceedings, even on appeal for the first time as in the instant appeal by either of the parties or even by the Court suo motu and once raised it must first be determined one way or the other by the Court before any other issue touching on the merit or otherwise of the respective cases of the parties can be enquired and be determined on the merit by the Court. This is so because in the absence of jurisdiction there can be no competence in the 1st Respondent’s claim to be heard and determined on the merit, since jurisdiction is the life blood of every cause or action and thus where the requisite jurisdiction is found to be lacking, that is indeed the end of the matter. See Madukolu v. Nkemdilim (1962) 2 All NLR 581.

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

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IN CRIMINAL CASES, NOTICE OF APPEAL SHOULD BE FILED THIRTY DAYS AFTER JUDGEMENT DELIVERY

After hearing the appeal on the 24th November, 2022 and at the conference of the Hon. Justices on the Panel before whom the appeal was argued, it was observed that the Notice of Appeal filed on the 6th February, 2013 by the Appellant against the judgment of the Court below delivered on the 11th December, 2012, was filed out of the period of time prescribed by the provisions of Section 27 (2) (b) of the Supreme Court Act 2004 which stipulates that:- “The periods prescribed for giving of notice of appeal or notice of application for leave to appeal are:- (b) in an appeal in a criminal case, thirty days from the date of the decision appealed against.” It is clear from these provisions that the period of time within which the notice of an appeal against the decision of the Court below to this Court in a criminal matter, is limited to thirty (30) days from the date the judgment appealed against, was given or delivered by that Court. Therefore, for a notice of appeal against the decision of the Court below to this Court in a criminal matter to be properly, validly and competently be given, filed and brought before this Court, in accordance and compliance with the provisions, it must be given or filed within thirty (30) days from the date the Court below delivered the judgment in question. It follows, then, that a notice of appeal given against the decision of the Court below to this Court in a criminal case, after the expiration or outside of the period of days (30 days) prescribed and limited in the provisions, would have been given out of the statutory period of time limited for so doing, would be invalid and incompetent.

— M.L. Garba JSC. Kingsley Okoro V. The State (SC.85/2013, 17 Feb 2023)

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A JOINT NOTICE OF APPEAL IS NOT PERMITTED IN CRIMINAL MATTERS

F.R.N. v. Lamido (2026) 12 NWLR (Pt. 2054) 351 at 378, H per Umar JSC: ‘From the tenor of Order 17 rules 1-5 of the Court of Appeal Rules, 2021, it is manifested, clearly, that a right of appeal in a criminal appeal, is expected to be exercised by the appellant, individually, even, where the appellant was tried along with other persons. This court in Japhet v. The State (2016) 6 NWLR (Pt.1509) 602 had maintained that the filing of a joint notice of appeal in criminal matters is not allowed … it is established that in civil matters, the appellants have the liberty: to jointly appeal, but there is restriction in criminal matters. Such joint notice of appeal in criminal matters will be incurably defective and incompetent, this is so because it will complicate the appeal and imply that the appellant is inviting the appellate court to determine the rights of the co-accused as well. A court is bound to strike out such notice of appeal even without inviting counsel to address the court on the issue. In so doing, no miscarriage of justice has been occasioned. Any appeal originated without following the rules of court is incompetent.’

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JOINT NOTICE OF APPEAL IN CRIMINAL APPEAL IS DEFECTIVE

In F.R.N. v. Lamido (2026) 13 NWLR (Pt. 2057) 215 at 248, E—H per Umar JSC: ‘From the foregoing, it is established that in civil matters, the appellants have the liberty to jointly appeal, but there is restriction in criminal matters. Such joint notice of appeal in criminal matters will be incurably defective and incompetent, this is so because it will complicate the appeal and imply that the appellant is inviting the appellate court to determine the rights of the co-accused as well. A court is bound to strike out such notice of appeal even without inviting counsel to address the court on the issue. In so doing, no miscarriage of justice has been occasioned. Any appeal originated without following the Rules of Court is incompetent. See the case of Dokpesi v. F.R.N. (2021) 6 NWLR (Pt. 1772) 195 at 217-218. In conclusion, it is therefore my considered view that the failure of the respondent herein to include the names of his co-accused as respondents on the notice of appeal filed at the lower court was not an irregularity and it did not affect the merit of the appeal as constituted at the court below.’

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A COMPETENT NOTICE OF APPEAL

A competent notice of appeal is like having the right key for a particular door. The notice of appeal is the key to the door to this Court. Without the right key, any effort to gain entrance through the door is an exercise in futility. It is void and therefore a nullity. In the immortal words of Lord Denning, MR in McFoy vs UAC (1961) 3 ALL ER 169 @ 172: “If an act is void, then it is in law, a nullity. It is not only bad but incurably bad … And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.” See also: Madukolu Vs Nkemdilim (1962) 2 SCNLR 341; Skenconsult Vs Ukey (1981) 1 SC 6.

— K.M.O. Kekere-Ekun, JSC. Francis v. FRN (2020) – SC.810/2014

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IT IS NOT MANDATORY TO INCLUDE CO–ACCUSED NAME IN NOTICE OF APPEAL

In F.R.N. v. Lamido (2026) 13 NWLR (Pt. 2057) 215 at 243, A—C per Umar JSC: ‘In criminal appeals, it is generally not mandatory for an appellant to include the names of co-accused at the trial court in his notice of appeal, if those co-accused are not affected by the appeal. The fundamental principle guiding criminal appeals is that an appeal is a challenge by an aggrieved party (the appellant) against a decision of a lower court that directly affects him. The notice of appeal serves to formally notify the appellate court and the respondent, typically the State or as in this case at the lower court, the Federal Republic of Nigeria, of the appellant’s intention to appeal and the specific grounds upon which the appeal is based, pertaining to his own conviction or sentence.’

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FILING OF TWO NOTICES OF APPEAL IS NOT INCOMPETENT

The phrase “…after the notice of appeal” does not envisage multiple notices of appeal. There are similar provisions in the High Court and Court of Appeal Rules. In any case, it is an affront to logic and common sense to argue that an appellant can file more than one notice of appeal without indicating on which one he relies. Be that as it may, the mere fact of filing multiple notices of appeal does not render the appeal incompetent, Akuneziri v. Okenwa (2000) 12 SC (Pt. 11) 25, First Bank of Nigeria Plc. v. T.S.A. Industries Ltd. (2010) 4-7 SC (Pt. 1) 242. The 1st respondent read the appellants’ brief and made a decision to rely on one of the two notices filed within time. Not only was the 1st respondent not misled by the two notices of appeal, he did not disclose any injury he suffered for which he could seek redress. He cannot be heard to argue that another respondent elected to rely on the other notice of appeal.

— N.S. Ngwuta JSC. Yaki (Rtd) & Anor. V. Senator Bagudu & Ors. (SC.722/2015, 13 Nov 2015)

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