YIBORKU V. THE REPUBLIC

• Pages: 257-260

YIBORKU V. THE REPUBLIC

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257

YIBORKU V. THE REPUBLIC

5

VICTOR YIBORKU

V

10 THE REPUBLIC

APPELLANT

RESPONDENT

SUIT NO. SC 29/1968

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

COKER,

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J.S.C.

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MADARIKAN,

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J.S.C.

22nd November, 1968.

Criminal Law and Procedure - Application for extension of time within which

the appeal against acquittal - Appeal filed 165 days after judgment - Whether

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delay excessive - Principles governing the granting of application for extention

of time within which to appeal.

ISSUES:

1.

Whether an application for extension of time within which the appeal in a criminal

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case, will be granted as a matter of course.

2.

What principles govern the granting of applications for extention of time within

which to appeal.

FACTS:

The appellant was charged anc tried in the Chief Magistrate's Court, Lagos for

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fraudulent false accounting and stealing. On the 23rd February, 1967 he was dis-

charged and acquitted on all courts. On the 4th September, 1967 the state filed

a motion in the High Court seeking extention of time within which to appeal against

the judgment.

After hearing arguments on the motion, the learned Judge held that although

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there was avoilable delay in bringing the application for enlargement of time, he

would allow 7 days to the State to comply with the Law. The appellant thereupon

appealed to the Supreme Court, arguing

inter alia

that the judge erred in law in

granting the respondent extention of time after having found the respondent guilty

of culpable delay.

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HELD:

1. Extension of time within which to appeal is not granted as a matter of course.

The applicant must advance substantial reasons to explain the delay in entering

an appeal within the prescribed period and to justify the court in granting

extension of time.

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2. On the facts before him, the judge was fully justified in coming to the conclusion

that "there is avoidable delay in bringing this application for enlargement of

time". Having come to that conclusion, he ought to have dismissed the

application as it was devoid of merit.

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CASES REFERRED TO IN

JUDGMENT:

1.

R. v. Lesser

27 C.A.R. 69.

2.

Mordi Okoye v. Commissioner of Police

(1959) N.R.N.L.R. 93.

Sasegbon,

for the Appellant.