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

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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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notice of appeal

LEAVE FOR EXTENSION OF TIME TO FILE AN APPEAL MAY ONLY BE GRANTED UPON APPLICATION BY A PARTY

The periods of time within which to give a notice of appeal against the decision of the Court below to this Court may be extended by the Court at the instance of a person/s who intend/s to appeal to the Court in both civil and criminal cases, in deserving cases. A valid and competent Notice of Appeal can be given or filed after the expiration or outside the periods of time stipulated under the provisions of Section 27 (2) of the Act, when and only if, the periods of the time was extended by the Court, as a condition precedent. Accordingly, the prior permission or leave of the Court, by way of extension of the relevant period of time within which to give the notice of appeal, is necessary and required for the validity and competence of a notice of such an appeal to the Court. Without the prior permission first sought and obtained by an Appellant for extension of time to appeal before giving or filing a Notice of Appeal in the Court, a purported Notice of Appeal given or filed after the expiration or outside the limited period of time, would be fatally and incurably, invalid and incompetent, thereby depriving the Court of the requisite jurisdiction to entertain and adjudicate over the appeal. See Amadi v. INEC (2012) LPELR – 7831 (SC), Awhinashi v. Oteri (1984) 5 SC, 38, Enweliku v. State (1970) 1 Ail NWLR, 57, Peba v. State (1980) 8 – 11 SC, 76.

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

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A NOTICE OF APPEAL IS AN INITIATING PROCESS

A notice of appeal is an initiating process by which a higher Court is invited to review the decision of a lower Court to determine whether on a proper consideration of the facts placed before the Court and the applicable law to the said facts, the lower Court arrived at a correct decision … The filing of a notice of appeal is a necessary prerequisite to the hearing of an appeal. Where leave is required a notice of appeal filed without leave is incurably defective and such notice cannot be amended. See Popoola vs. Adeyemo (1992) 8 NWLR (pt. 257) 1 SC, Abidoye vs Alawode (2001) 13 WRN 71 SC.

— W.S.N. Onnoghen, JSC. SPDC v Agbara (2019) – SC.731/2017(R)

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INCOMPETENT NOTICE OF APPEAL WILL BE STRUCK OUT

Where it is established that a Notice of Appeal, the live wire of an appeal, is incompetent, this Court will have no jurisdiction to entertain such appeal. An incompetent Notice of Appeal suffers one natural consequential fate, which is, its liability to be struck out for incompetence. In this appeal, the Notice of Appeal which was filed outside the time required by law deserves no other fate than to be struck out. See Onwuzulike V. The State (2020)10 NWLR (Pt.173) 91 at 102 paras F-G. In the case of Enyibros Food Processing Company (Nig.) Limited V. N.D.l.C. (2021)16 NWLR (Pt. 1800) 559 at 571 paras B – D this Court per Eko, JSC (Rtd) stated the position of an incompetent Notice of Appeal thus: “My Lords because only a competent appeal, validly filed, enures to the appellant to invoke the jurisdiction of this Honourable Court, vested in it by Section 233(1) of the Constitution, to hear and determine appeals from the Court of Appeal, when an appeal appears to be incompetent, it will be properly interrogated to ensure that we do not proceed in an exercise that will eventually be a nullity as well. Madukolu V. Nkemdilim (1962)1 All NIR 587; (1962)2 SCNLR 341, Bronik Motors Limited and Anor V. Wema Bank Limited (1983)1 SCNLR 296, C.B.N. V. Okojie (2015) 5-6 SC (Pt.ii)173; (2015)14 NWLR (Pt.1479)231.”

— J.I. Okoro JSC. Kingsley Okoro V. The State (SC.85/2013, 17 Feb 2023)

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PERSONAL SERVICE OF A NOTICE OF APPEAL IS A REQUIREMENT OF LAW

With profound respect to the erudite senior counsel, this cannot be. As this Court explained, in a most magisterial manner, the term irregularity in respect of procedure, is often construed to denote something that does not fundamentally taint or besmirch a procedure as to render it invalid or a nullity. In other words, an irregularity is deemed to be curable. However, personal service of an originating process, like a Notice of Appeal, is a fundamental requirement of the law.

– C.C. Nweze JSC. Odey v. Alaga (2021) – SC.9/2021

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MORE THAN ONE NOTICE OF APPEAL FILED WITHIN TIME IS VALID

Tukur Vs Government of Gongola State (1988) 1 NSCC 30 at 36: It is more correct to say that the Rules of the Court of Appeal did not expressly provide for the filing of more than one notice. The Rules were silent on the Issue and it is therefore my opinion that every notice of appeal filed within time is valid. If more than one notices are filed within time, the others may be superfluous but not invalid. All the notices combined have been in exercise of a right of appeal. They may have stated different grounds which if permissible in law, gives validity and competency to the notice. Where several notices of appeal have been validly filed, I cannot see anything preventing an application for leave to consolidate them into one or for withdrawal of all except one.

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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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