- October 25, 2016
- Posted by: Stephen Azubuike
- Category: Case Law Blog
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Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 631, paras. H-C, per Jauro, JCA:
“The requirement of the law is that a Notice of Appeal should be signed by the appellant or his legal practitioner…”
Notes:
See also USMAN v. RUWA (2017) LPELR-41990(CA).
A Notice of Appeal is a very important document. It is the very foundation of an appeal against any appealable decision. See RAJI v. UNILORIN & ORS (2018) LPELR-44692(SC). It ranks in the category of an originating process and can be validly signed by an Appellant himself.
In criminal cases, it has been held that “The signing of a notice of appeal in a criminal appeal by the appellant himself is always treated as a fundamental issue of jurisdiction, which cannot be waived or compromised by the parties.” See Uwazurike and Ors v. The Attorney – General of the Federation (2007) 8 NWLR (Pt. 1035) 1 at 17; Kazeem v. State (2011) LPELR-8810(CA).
