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1. This order shall apply to appeals to the Court from any court or tribunal acting either in its original or in its appellate jurisdiction in criminal cases, other than a court-marital, and to matters related thereto.
2. Except where otherwise provided in these Rules any application to the Court may be made by the appellant or respondent or by a legal representative on his behalf orally or in writing, but in regard to such applications if the appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar who shall take appropriate steps to obtain the decision of the Court thereon.
3. (1) A person desiring to appeal to the Court against any judgment, sentence or order of the court below, whether in the exercise of its original or of its appellant jurisdiction, shall commence his appeal by sending to the Registrar of the court below a notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice representatively set forth as Forms 1,2,3,4,5 or 7 in the Second Schedule to these Rules.
(2) A person sending any notice or notices under this Rule shall answer the questions and comply with requirements set forth therein.
(3) The Court may of its own motion or on the application of the appellant amend the notice or grounds of appeal and may grant leave to the appellant to argue additional or amended grounds of appeal.
Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the respondent in necessary but had not been given the Court may adjourn the appeal or make such order as it may deem fit in the circumstance.
4. (1) Every notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given shall be signed by the appellant himself, except under the provision of paragraph (5) and (6) of this Rule.
(2) Any other notice required or authorized to be given shall be in writing and signed by the person giving the same or by his legal representative. All notices required or authorised to be given shall be addressed to the Registrar of the court below to be forwarded by him to the Registrar :
Provided that, notwithstanding that the provisions of Rules 3 (1) and (2) and 4 (1) of this Order have not been strictly complied with ,the Court may, in the interest of justice and for good and sufficient cause shown , entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the lower court.
(3) Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post addressed to the person to whom such notice or other document is so required or authorised to be given or sent.
(4) Where an appellant or any other person authorised or required to give or send any notice of appeal or notice of any application in unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same, and thereupon such notice shall be deemed to be duly signed by such appellant.
(5) Where on the trial of a person entitled to appeal it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable of making his defence, any notice required to be given and signed by the appellant himself may be given and signed by his legal representative.
(6) In the case of a body corporate where any notice or other document is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice or other document is signed by the Secretary, clerk, manager, or legal representative, of such body corporate.
(7) An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the court below.
5. An application to the court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the court below, together with the proper form of such application, a form duly filled up, of notice of appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.
6. (1) Where the Court or the court below has on a notice of application for leave to appeal duly sent and in the form provided under these Rules, given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal but the notice of application for leave to appeal shall in such a case be deemed to be a notice of appeal.
(2) Where an application for leave to appeal has been made to the court below, the Registrar of that court shall send to the Registrar of the Court notification of the result of the application in Form 6 in the Second Schedule to these Rules together with the original of the application for leave to appeal and the case shall thereafter be dealt with by the Court.
7. (1) When-
(a) the Registrar of the court below has received a notice of appeal or a notice of application to the Court for leave to appeal or for extension of the time within which such notice shall be given, or
(b) the court below has granted leave to appeal the Registrar of the below shall prepare the record of appeal in the manner hereinafter prescribed and forward to the Registrar either seven copies thereof together with, where stencils were used for the production of the record, copies of such stencils duly and carefully preserved, or twenty copies of the record. He shall also forward the original exhibits in the case as far as practicable and any original depositions, information, inquisition, plea, or other documents usually kept by him, or forming part of the record of the court below together with the originals of any recognisances entered into or any other documents filed in connection with the appeal or application.
(2) Subject to the provisions of Rule 9 of this Order, the Registrar of the court below shall forward to the appellant and to the Director of Public Prosecutions of the State from which the appeal emanates a copy each of the record:
Provided that if the appellant is not in custody a copy of the record shall only be supplied to him on request.
(3) The Court may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it or he may impose.
8. (1) The fees set out in the Third Schedule shall be taken and paid upon every appeal under this Order.
(2) The Court or the court below may waive in whole or in part the payment of any fees or the making of any deposit.
(3) Fees shall not be payable in appeals in capital cases or where an appellant is granted legal aid.
9. (1) The Record of Appeal in appeal or applications relations to appeals from the court below acting in its original jurisdiction in criminal cases shall contain legible typed, stenciled and cyclostyled, or printed, copies of the following items arranged in this order:-
(a) the index;
(b) The Charge or information;
(c) The judge's notes of the evidence and minutes of the proceedings provided that if a shorthand note of the hearing has been taken, a copy of the transcript thereof may be included, either in addition to or in substitution of the judge's notes, as he may direct;
(d) the judgment or any additional ground or explanation thereof;
(e) the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(f) all documentary exhibits put in at the trial including depositions read in consequences of the absence of a witness;
Provided that in the cases of books of accounts or other documents or great length, extracts of the relevant portions thereof only shall be included;
(g) the notice of appeal or notice of application for leave to appeal, or notice of application for extension of time in which such notice shall be given.
(2) It shall not be necessary for the Record of Appeal to contain copies of any recognizances entered into or documents filed in connection with the appeal or application other than those set out in paragraph (1) of this rule unless the court or a Judge of the court below shall otherwise direct.
10. (1) The Record of Appeal in appeals or applications relating to appeals from the court below acting in its appellate jurisdiction in criminal matters shall contain legible typed, stenciled and cyclostyled, or printed copies of the following items arranged in this order:-
(a)the index which shall include the particulars of the record of proceedings from the lower court;
(b) the record of proceedings from the lower court as submitted to the court below;
(c) the notice of appeal and all other relevant documents filed in connection with the appeal in the court below;
(d) the notes of the judges on the hearing of the appeal and minutes of the proceedings;
(e) the judgment of the court below;
(f) the notice of appeal to the Court or notice of application for leave to appeal to the Court, or notice of application to the Court for extension of time in which such notice shall be given;
(g) where leave to appeal has been granted by the court below, a copy of the other granting leave.
(2) It shall not be necessary for the record of appeal to contain copies of any recognizances entered into for the purposes of the appeal in the court below or of the appeal or application to the Court, unless the Court or a Judge of the Court below shall otherwise direct.
(3) In this rule "lower court" includes the court of trial and any court, other than the court below which may have heard the matter on appeal.
11. (1) The Registrar shall, if in relation to any appeal the Court directs him so to do, request the trial judge to furnish him with a report in writing giving his opinion upon the case generally or upon any point arising upon the case of the appellant, and the trial judge shall furnish the same to the Registrar.
(2) The report of the judge shall be made to the Court and, the Registrar shall on request, furnish a copy thereof to the appellant and respondent.
12. When the Registrar request the trial judge to furnish a report under these Rules, he shall send to such judge a copy of the notice of appeal or notice of application for leave to appeal or any other document or information which he shall consider material, or which the Court at any time shall direct him to send or with which such judge may request to be furnished by the Registrar to enable such judge to deal in his report with the appellant's case generally or with any point arising thereon.
13. (1) Where the court or the court below admits an appellant to bail pending the determination of his appeal on an application by him duly made, such Court shall specify the amounts in which the appellant and his surety or sureties (unless such Court directs that no surety is required) shall be bound by recognizances, and shall direct, if it thinks fit so to do, before whom the recognizances of the appellant and his surety or sureties (if any) may be taken.
(2) In the event of the court below not making any special order or giving any special directions under this Rule, the recognizances of the appellant and of his surety (or sureties) (if any) may be taken before the Registrar.
(3) The recognizances provided for in this Rule shall be in Forms 10 and 11 in this Second Schedule to these Rules.
(4) The Registrar of the court below shall forward the recognizances of the appellant and his surety or sureties to the Registrar.
(5) An appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and at the final determination thereof. The Court may in the event of such appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same and may issue a warrant for the apprehension of the appellant in Form 12 in the Second Schedule.
Provided that the Court may consider the appeal in his absence, or make such other order as it thinks fit.
(6) When an appellant is present before the Court, the Court may, on an application made by any person or, if it thinks right so to do without any application, make an order admitting the appellant to bail, or revoke or vary any such order previously made, or enlarge from time to time the recognizances of the appellant or of his sureties or substitute any other surety previously bound as it thinks right.
(7) At any time after an appellant has been on bail, the Court or where the appellant was release on bail by the court below that court may, if satisfied that it is in the interest of justice so to do, revoke the order admitting to bail, and issue a warrant in Form 12 in the Second Schedule of these Rules.
14. (1) Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, and such person remains in custody in default of payment of the fine, he shall be deemed, for purposes of appeal, to be a person sentenced to imprisonment.
(2) An appellant who has been sentenced to payment of a fine, and has paid the same or part thereof in accordance with such sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the Court, to the return of the sum or any part thereof so paid by him.
15. Where, upon, the trial of a person entitled to appeal against his conviction, an order of restitution of any property to any person has been made by the Court, the person in whose favour or against whom the order of restitution has been made, and, with the leave of the Court, any other person, shall, on the final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made.
16. Where the judge of the court below is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before him is not in dispute, he, if he is of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal shall give such direction to or impose such terms upon the person in whose favour the order of restitution is made, as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.
17. The Registrar of the court below shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted in the court below if notice of appeal or notice of application for leave to appeal is given, until the determination or abandonment thereof.
18. (1) An appellant at any time after he has duly served notice of appeal or of application for leave to appeal, or of application for extension of time within which such notice shall be given, may abandon his appeal by giving notice of abandonment thereof to the Registrar, upon such notice being given the appeal shall be deemed to have been dismissed by the Court. Notice of abandonment of an appeal shall be in Criminal Form 13 or 13A, as the case may be.
(2) Upon receipt of a notice of abandonment dully completed and signed or marked by the appellant or the party authorised to sign notice under Rule 4 of this Order, the Registrar shall give notices thereof in Form 14 in the Second Schedule to the respondent, the prison authority and the Registrar of the court below, and in the case of an appeal against a conviction involving a sentence of death, shall in like manner give notice to the Permanent Secretary to the appropriate Federal or State Ministry, for the information of the authority responsible for advising the President of the Federal Republic of Nigeria or Governor (as the case may be) on the exercise of the prerogative or mercy, and the Registrar shall also return to the Registrar of the court below any original documents and exhibits received from him.
19. An appellant who has abandoned his appeal may, in special cases, with the leave of the Court, withdraw his notice of abandonment by duly completing form 15 or 15A, as the case may be, in the Second Schedule together with form 7 (Notice of Application for extension of time within which to appeal) and sending them to the Registrar.
20. (1) Where the Court has ordered any witness to attend and be examined before the Court an order in Form 16 in the Second Schedule hereto shall be served upon such witness specifying the time and place at which to attend for such purpose.
(2) Such order may be made on the application at any time of the appellant or respondent, but if the appellant is in custody and not legally represented the application shall be made by him in Form 17 in the Second Schedule.
(3) Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.
(4) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested to do so. Such documents and exhibits and other materials shall after examination has been concluded be returned by the examiner, together with any deposition taken by him under this Rule to the Registrar.
(5) When the examiner has appointed the day and time for the examination he shall request the Registrar to give notice thereof to the appellant and respondent and their legal representatives, if any, and when the appellant is in prison, to the prison authority. The Registrar shall cause to be served on every witness to be examined a notice in Form 18 in the Second Schedule.
(6) Every witness examined before an examiner under this Rule shall give his evidence upon oath or affirmation to be administered by such examiner, except where any such witness if giving evidence as a witness at a trial on information need not be sworn.
(7) The examination of every such witness shall be taken in the form of a deposition and unless otherwise ordered shall be taken in private. The Caption in Form 19 in the Second Schedule shall be attached to any such deposition.
(8) Where any witness shall receive an order or notice to attend before the Court or an examiner, the Registrar may, if it appears to him necessary so to do pay to such witness a reasonable sum for his expenses.
(9) The appellant and respondent, or their legal representatives shall, unless the Court otherwise directs, be entitle to be present at and take part in any examination of an witness to which this Rule relates.
21. When an order of reference is made by the Court to a special commissioner, the question to be referred, and the person to whom as special commissioner the same shall be referred, shall be specified in such order. The Court may in such order or by giving directions as and when they from time to time shall think right, specify whether the appellant or respondent or any person on their behalf may be present at any examination or investigation or at any stage thereof as may be ordered, and specify any and what powers of the Court may be delegated to such special commissioner, and may require him from time to time to made interim report to the Court upon the question referred to him, and may if the appellant is in custody, give leave to him to be present at any stage of such examination or investigation and give the necessary directions to the Prison authority accordingly and may give directions to the Registrar that copies of any report made by such special commissioner shall be furnished to the appellant and respondent.
22. (1) On the final determination of any appeal or any application to the Court, the Registrar shall give to the appellant, if he be in custody and has not been present at such final determination, and to the respondent and that Prison authority, notice of such determination in Forms 20, 21, 22, or 23 in the Second Schedule, as the case may be
(2) In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving notice of appeal, send copies thereof to the Permanent Secretary to the appropriate Federal or State Ministry, for the information of the authority responsible for advising the President or the Governor (as the case may be) on the exercise of the prerogative of mercy, to the respondent and to the Prison authority.
23. (1) The Registrar at the final determination of an appeal shall notify in such manner as he thinks most convenient to the Registrar of the court below the decision of the Court in relation thereto, and also any orders or direction made or given by the Court in relation to such appeal on any matter connected therewith.
(2) The Registrar of the court below shall on receiving the notification referred to in this Rule, enter the particulars thereof on the records of such court.
24. Upon the final determination of an appeal for the purposes of which the Registrar has obtained from the Registrar of the court below any original depositions, exhibits, information, inquisition, plea or other documents usually kept by the said Registrar, or forming part of the record of the court below, the Registrar shall, where practicable, cause the same to be returned to the Registrar of the court below.
25. Any order given or made by the Court may be enforced by the Court or by the Court or by the court below as may be most expedient.
26. (1) Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the record of appeal serve upon every appellant who has duly given a notice of appeal and paid the fees fixed by the Registrar to cover the cost of record of the appeal, a copy of the record.
(2) The record of appeal may be served upon the appellant in any manner prescribed by these Rules for the service of notice or other documents relating to an appeal.
(3) The Registrar shall thereafter cause to be served upon every respondent in the appeal who has filed an address for service a notice that the record has been compiled.
27. (1) Within fourteen days after a record has been served upon an appellant, the Registrar shall certify under his hand that he has served the record of appeal upon every such appellant. The certificate of service shall be in Criminal Form 24, or to like effect.
(2) In addition to the requirements of Order 7 rule 4 of the Supreme Court Rules the Registrar shall as soon as the record and notice of compilation of the record for appeal to the Supreme Court have been served on the appellant and the respondent, as the case may be, transmit to the Supreme Court :
(a) a certificate that a copy of the record for appeal to the Supreme Court has been served on the appellant(s);
(b) a certificate that notice of compilation of the record for appeal to the Supreme Court has been given to the respondent.