ENWELIKU V. THE STATE

• Pages: 38-41

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NIGERIAN SUPREME COURT CASES

[1970] N.S.C.C.

ENWELIKU V. THE STATE

5

MONDAY ENWELIKU

V

THE STATE

APPELLANT

RESPONDENT

SUIT NO. SC 308/1969

10

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

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15

20th February, 1970.

Criminal Law - Homicide - Murder - Notice of appeal - When given - Supreme

Court Act, 1960 s.31(2)(b); 31(4).

20

ISSUE:

1. When is a notice of appeal against conviction given?

FACTS:

The Appellant was convicted of murder on the 18th of September, 1969 and

his notice of appeal shows that he affixed his thumb print thereon on the 13th of

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October Section 31(2)(b) of the Supreme Court Act states that an accused person

has 30 days from the date of his conviction to give notice of appeal against his

conviction. There was an endorsement on the notice of appeal.

"Notice and grounds of appeal filed on 23-10-69."

The Ag. D.P.P. submitted before the Supreme Court that the notice of appeal

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was given out of time and that the Court had no power to enlarge the time within

which to appeal from a conviction for murder.

HELD:

1.

The notice of appeal where posted is deemed to have been given on the day

that it was delivered for registered posting and any delay in the post cannot

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affect the timeousness of the notice.

2.

In the case of an appellant from a conviction of murder, he can do no more

than hand over his notice of appeal to the prison authorities for onward

transmission to the Registrar of the court which convicted him. It would by the

same argument for registered posting be injudicious to damnify such an

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appellant for any delay in the course of the transmission of his notice of appeal

by the prison authorities.

3.

In this case, the appellant executed his notice of appeal and delivered it to a

recognised channel within time and it was not outside the prescribed time limit.

45

[As to

Notice of Appeal in Criminal Case,

see II HALSBURY'S LAWS 4th

Edition 381 Para. 537.]

CASE REFERRED TO IN JUDGMENT:

1.

Raimi Akinwale v The Queen

S.C. 32

2

/

6

3 of 23-12- 63.

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Akinsanya for

Cole for the Appellant.

Gbemudu (Ag.D.P.P.)

for the Respondent.