OJOJO V. THE STATE

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NIGERIAN SUPREME COURT CASES [1970] N.S.C.C.

OtiiWO V. THE STATE

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5

EGBO OJOJO

V

THE STATE

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

FATAL-WILLIAMS, J.S.C.

20th February, 1970.

APPELLANT

RESPONDENT

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SUIT NO. SC 287/1969

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Criminal Law and Procedure - Murder - Appeal - Notice of appeal signed and

filed out of tune - "Whether Supreme Court has power to extend period of

30 days within which appeal may be brought - Supreme Court Act s. 31(2);

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31(4).

ISSUE:

1. Whether the Supreme Court has power to extend the period of 30 days within

which to appeal against a death sentence.

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FACTS:

The appellant was charged and convicted of the murder of the deceased. An

eye witness testified that the appellant, unprovoked attacked the deceased, an un-

armed woman, at night, after attacking and wounding two other people. Although

the Appellant was convicted of murder on the 14th of July, 1969, his notice of ap-

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peal was not signed by him until 27th September 1969 and filed on the 3rd of Oc-

tober, 1969, and so he appealed more than 30 days after the 14th of July.

HELD:

1.

That the Supreme Court has no power by reason of s.31(4) of the Supreme

Court Act in a case involving a sentence of death to extend the period of 30

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days within which an appeal may be brought.

2.

The Supreme Court was satisfied from reading the record that there was no

merit in the appeal as there was an eye witness that the trial judge believed who

testified to the unprovoked attack at night by the Appellant with a matchet on

the unarmed deceased woman after he had already attacked and injured two

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prosecution witnesses with his matchet.

PER CURIUM:

1 Attention should be drawn to the importance of a trial Judge specifically

informing an accused person whom he has convicted of murder and sentenced

to death that if the accused wishes to appeal he must give notice of his appeal

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within 30 days, so that he does not delay signing and submitting his notice

beyond that period.

2. Attention should also be drawn to the importance of the prison authorities

submitting such notice immediately as a notice of appeal signed within time by

a person sentenced to death and given to the prison authorities should whenever

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possible be sent to the requisite High Court for filing within 30 days of the

decision appealed against.