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IFEANYI NWITE v. THE STATE

(2013) JELR 35284 (SC)

Supreme Court  •  SC.266/2010  •  1 Feb 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKAAHS JSC;

Judgement

KUMAI BAYANG AKAAHS, J.S.C. (Delivering the Leading Judgment): The appellant was charged with armed robbery under the Robbery and Firearms (Special Provisions) Act, 1990 in Charge No. PHC/21C/2004 before the Rivers State High Court sitting in Port Harcourt. On 28/6/2007 the trial court convicted him and sentenced him to 21 years imprisonment. Aggrieved by the judgment he filed a Notice of Appeal against it dated 2nd July, 2007. The said Notice was signed by his counsel contrary to Order 16 Rule 4(1) Court of Appeal Rules, 2007. On 10th March, 2009 which was more than 2 years after filing the Notice of appeal, he filed another notice to withdraw the appeal. On 9th June, 2009, the parties and their counsel were absent from court and when the appeal was called, the lower court dismissed the appeal. After the dismissal of the appeal the appellant filed a motion seeking extension of time to appeal. The motion was opposed by the respondent who filed a 14 paragraph counter-affidavit deposed …

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