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KELVIN AGBO v. FEDERAL REPUBLIC OF NIGERIA

(2013) JELR 35281 (CA)

Court of Appeal  •  CA/PH/329/2012  •  3 Dec 2013  •  Nigeria

Coram
EJEMBI EKO JCA; MODUPE FASANMI JCA; STEPHEN JONAH ADAH JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The appellant was charged for theft. After the prosecution had called three witnesses and closed their case, the Appellant, through his counsel, made a no-case submission, which the learned trial Judge (C. I. Uriri, J) overruled on 8th August, 2012. Aggrieved by the decision dismissing his no-case submission the appellant filed the notice of appeal at pages 198 - 202 of the Record of Appeal.

There is something unique about this notice of appeal. The appellant settled the notice of appeal himself at page 201 of the Record. He dated it 23rd July, 2012. The endorsement at page 202 of the Record suggests that the notice of appeal was filed on 4th July, 2012 vide receipt no 0444733. The ruling was signed on 8th August, 2012 (at page 197 of the Record) by the trial Judge. I must add straight away that the parties and the court are bound by the record of appeal duly certified by the registrar of the court below. See OGLI OKO MEMORIAL FAR…

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