A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Ruling): Let me thank counsel for the able manner in which they have put their submissions across to this court.
It needs be said however that these applications would appear to be one of much ado about nothing. The presentation before us and the array of counsel involved notwithstanding, the simple question for resolution is simply whether a Notice of Appeal filed in the Court of Appeal instead of the Federal High Court is void or voidable. Order 3 Rule 2(1) of Rules of the Court of Appeal provides that a notice of appeal shall be deemed filed when filed at the registry of the court of trial. It does not further prescribe that a notice of appeal shall be void if filed in the Court of Appeal rather than the High Court. Further Order 7 Rule 3 of the Court of Appeal Rules provides:
The court may in an exceptional circumstance and where it considers in the interest of justice so to do waive compliance by the parties with these Rules or an…