LSP100: Time Frame for Criminal Appeals

Good afternoon, readers. We are back from the hiatus. How are you doing? Miss me? I also do. Now I am back and let’s go. Today’s article centers on the time limit for an appeal of a criminal case decided by the Court of Appeal.

The chain and hierarchy of courts and appeals in Nigeria are constitutional and jurisdictional. The Supreme Court does not have the power and jurisdiction to entertain an appeal or issue directly from a trial court. An appeal to the Supreme Court must spring from the Court of Appeal.

Having laid the background, the question then becomes what is the time limit required for the appeal of a criminal case from the Court of Appeal to the Supreme Court and what is the effect when such a period is not complied with?

The Supreme Court Act, Cap. S15, Laws of the Federation of Nigeria, 2004 regulates the filing of appeals from the Court of Appeal to the Supreme Court. By Section 27(2)(b) of the Act, the period prescribed for the giving of notice of appeal is thirty (30) days from the date of the decision appealed against. 

However, Section 27(4) of the Act grants a window for enlargement or extension of time within which an appellant who failed to file within the statutory period may file his appeal out of time, albeit, subject to the discretion of the Supreme Court. Failure to comply with the statutory requirements, which are conditions precedent to filing a competent appeal, is fatal to the appeal, such that the Supreme Court cannot entertain the appeal no matter how well argued.

In Stephen v State (2023) 2 NWLR (Pt 1868), the appellant and another accused person were at the High Court of Bayelsa State charged with the offences of conspiracy and armed robbery. Upon arraignment, they pleaded not guilty to each of the counts. At the close of the trial, the trial court found them guilty of the offences of conspiracy to commit robbery and robbery and sentenced them to twenty-one years imprisonment

Dissatisfied with the judgment of the trial court, the appellant appealed to the Court of Appeal which affirmed the judgment of the trial court and dismissed the appeal. The judgment of the Court of Appeal was delivered on 7-12-2018. Still dissatisfied, the appellant appealed to the Supreme Court by a notice of appeal filed on 21-1-2019, fifty-three days from the date of the judgment of the Court of Appeal

In this instant case, the judgment of the Court of Appeal was delivered on 7-12-2018. The notice of appeal was filed on 21-1-2019. Thus, the notice of appeal was filed after fifty-three (53) days from the date of the judgment of the Court of Appeal. It was not filed within the prescribed thirty days. 

Explaining the consequence of such an act, the Court per Agim JSC held that: An appeal cannot be sustained on an incompetent notice of appeal. The court will be robbed of jurisdiction to entertain and determine it by the absence of a competent notice of appeal. In such a situation, the notice of the appeal and the appeal are liable to be struck out. See also Ibrahim v. State (2021) 11 NWLR (Pt. 1786) 152

In conclusion, the principle of law is that an appeal against a criminal case must be made within 30 days of the decision to the Supreme Court or it could be extended subject to the discretion of the Court. In an instance where there is no extension and the process was filled outside the statutory period, such a process would be considered deflective, rob the court of its jurisdiction, and consequently struck out.

Thank you for reading.

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