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RALPH UWAZURIKE & ORS V. ATTORNEY-GENERAL OF THE FEDERATION

(2007) JELR 33359 (SC)

Supreme Court  •  SC.209/2006  •  23 Feb 2007  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

I. F. OGBUAGU, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division (hereinafter called "the court below") delivered on 7th July, 2006, sustaining the preliminary objection raised by the respondent challenging the competency of the appeal before it and consequently, striking out the said appeal. Dissatisfied with the said decision, the appellants have appealed to this court on seven (7) grounds of appeal. The parties have filed and exchanged their respective briefs. The appellants in the brief filed on their behalf have formulated three (3) issues for determination, namely:

"(a) Whether Order 4 rules 3(1)(2) and 4(1) of the Court of Appeal Rules are applicable to a notice of appeal that did not arise out of a conviction (Ground 1 and 3)

(b) Whether the striking out of the notice of appeal was proper in law (Ground 4)

(c) Whether the failure of the Court of Appeal to pronounce on other issues raised and argued in the ap…

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