FRUBIDE V. THE STATE

• Pages: 237-237

FRUBIDE V. THE STATE

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237

As to costs in this Court we think the fair course to adopt, as we have done in fact

in other cases in appropriate circumstances, is to give the respondent his out of

pocket expenses, namely the costs of the record which in this case were 5 gui-

neas, and the order of the Court is therefore in this respect that the appellants do

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pay the respondent 5 guineas costs of this appeal.

Appeal allowed.

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FRUBIDE V. THE STATE

BEREPEGHA FRUBIDE

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V

THE STATE

SUPREME COURT OF NIGERIA

LEWIS,

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J.S.C.

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MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

26th June, 1969.

APPELLANT

SUIT NO. SC 10

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/

1

969

RESPONDENT

Criminal Law - Murder - Appeal - Whether Supreme Court has power to extend

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time within which to appeal under S.31 of the Supreme Court Act - Supreme

Court Act S.31(4).

ISSUE:

1. In a murder case does the Supreme Court have the power to extend the time

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for appeal under S.31(4) of the Supreme Court Act?

FACTS:

The accused was convicted of murder, but did not file his appeal within the

time limited as prescribed by law. The conviction was on 25th February 1969. His

motion of appeal to the Supreme Court was signed on the 1st April 1969, and filed

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on the 15th April 1969.

HELD:

The Appeal was not within the thirty days required by section 31 of the Supreme

Court Act and under section 31(4) the Supreme Court has in a murder case no

power to extend that time.

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Cole, (with him

Akinsanya)

for the Appellant.

Ojosipe, Ag. Director of Public Prosecution, (Mid-West)

for the Respondent.

LEWIS; J.S.C.

(Delivering the Judgment of the Court): As this is a murder ap-

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peal in which the accused was convicted by Obaseki, J., on 25th February, 1969,

in the High Court, Warri in Charge 1N/22C/67 but only signed his motion of appeal

on 1st April, 1969 and filed it on 15th April, 1969, the appeal is not within the 30

days required by Section 31 of the Supreme Court Act and under Section 31(4)

we have in a murder case no power to extend that time.

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The appeal is accordingly dismissed.

Appeal dismissed.