Effiong Dan Etuk Udo V. The State (1981)

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Sowemimo, J.S.C.: The appellant appealed to the Federal Court of Appeal and his counsel said he has nothing to urge in favour of the appellant. He said further that the notice of appeal filed by the appellant was not proper because of the heading. The Federal Court of Appeal ordered that in view of the notice of appeal being defective, the appeal is not properly before that court and so it was accordingly struck out.

Before us there was no judgment on which the appellant could have appealed since his appeal in the Federal Court of Appeal was struck out and therefore we hereby dismissed the appeal.

A. G. IRIKEFE, J.S.C.: I agree with the orders made by the Presiding Justice. Accordingly, the appeal stands dismissed.

M. BELLO, J.S.C.: I agree the appeal has no merits and it should be dismissed. Conviction and sentence affirmed.

K. ESO, J.S.C.: I agree that the appeal should be dismissed and it is hereby dismissed. The Court of Appeal should, however, have heard the appeal on the merit. This court has said quite often now, that technicalities should not inhibit the exercise of justice. This is more so in capital cases. However, having regard to the submission of the appellant’s counsel that there is no merit in the appeal on the facts and which submission I agree with, the appeal is dismissed.

A. N. ANIAGOLU, J.S.C.: This appeal is entirely without merit and is dismissed

A. NNAMANI, J.S.C.:  This court has several times commented on the undesirability of striking out appeals in capital cases because of mere technicalities. The accused persons in these cases often do not have the services of counsel in preparing their notices of appeal etc. We would have remitted this appeal to the Federal Court of Appeal, Enugu for that court to determine it on its merits. I, however, agree with learned counsel for the appellant that there is nothing in law that can be urged in favour of the appellant. This was a wicked and dastardly act of murder of the deceased by the appellant who was his brother. I think this appeal ought to be dismissed and it is hereby dismissed.

Other Citation: (1981) LCN/2087(SC)