PAUL ADILI V. THE STATE

OBASEKI, J.S.C. (Delivering the Leading Judgment): The applicant by notice of motion dated the 30th day of September, 1988 raised objection to the competence of the appeal lodged by the respondent against the decision of the Court of Appeal dated the 25th day of April, 1988 and expressly praying the court for an order:

"that the above-mentioned appeal be struck out or dismissed as being incompetent pursuant to Order 8 Rule 2(7) of the Supreme Court Rules 1985 on the grounds inter alia that

(a) being a purported appeal against an acquittal of the respondent by the Court of Appeal in a murder trial, no leave was obtained by the State, to appeal to this Honourable Court (Sections 213(2)(d) and 213(3) of the 1979 Constitution refer);

(b) in any event, the statutory period of 30 days within which to appeal in a murder case, has long expired before the purported notice and grounds of appeal was filed by the State (Sections 31(2)(b) and 31(4) of the Supreme Court Act (No. 12 of 1960) refer)…