IN THE SUPREME COURT OF NIGERIA

ON FRIDAY, THE 20TH DAY OF FEBRUARY 1970

SC 287/1969

BETWEEN

EGBO OJOJO ................................................. APPELLANT

AND

THE STATE ................................................... RESPONDENT

BEFORE: Coker, Lewis and Fatai-Williams JJ.S.C.

(1)     Attention should be drawn to the importance of a trial Judge specifically informing an accused person whom he has convicted of murder and sentenced to death that if the accused wishes to appeal he must give notice of his appeal within 30 days, so that he does not delay signing and submitting his notice beyond that period.

(2)     Attention should also be drawn to the importance of the prison authorities submitting such notice immediately as a notice of appeal signed within time by a person sentenced to death and given to the prison authorities should whenever possible be sent to the requisite High Court for filing within 30 days of the decision appealed against.

Appeal struck out.

Case referred to:

Frubide v. The State SC. 107/69 of 26th June, 1969.

Act referred to:

Supreme Court Act sections 31(2); 31(4).

Appeal from the High Court (Mid-West).

Akinsanya for Cole for the Accused/Appellant.

Gbemudu (Ag. D.P.P.) for the Complainant/Respondent.

Lewis, J.S.C.: (delivering the judgment of the court)-On the 4th of February, 1970, we struck out the appeal of the appellant from his conviction of murder by Prest, J. on the 14th of July, 1969, in the Ughelli High Court on Charge UHC/15C/69, because his notice of appeal was only signed by him on 27th September, 1969 and filed on the 3rd of October, 1969 and so was given more than 30 days after the 14th of July, 1969, so that by virtue of section 31(2) of the Supreme Court Act he was out of time and this Court has no power by reason of section 31(4) of that Act in a case involving a sentence of death to extend the period of 30 days within which appeal may be brought, as we have indicated for instance in Frubide v. The State SC. 107/69 of the 26th of June, 1969.

We are nonetheless satisfied from reading the record that there was in any case no merit in the appeal as there was an eye-witness that the learned trial Judge believed to the unprovoked attack at night by the appellant with a hatchet on the unarmed deceased woman after he had already attacked and injured with his hatchet two prosecution witnesses. Moreover, though the appellant had denied in his evidence killing the deceased woman or even seeing her on the night in question he had, in a statement that the learned trial Judge accepted, confessed to giving the deceased hatchet cuts.

We do however, wish to draw attention to the importance of trial Judge specifically informing an accused person whom he has convicted of murder and sentenced to death that if the accused wishes to appeal he must give notice of his appeal within 30 days, so that he does not delay signing and submitting his notice beyond that period. We equally wish to draw attention to the importance of the prison authorities submitting such notice immediately as a notice of appeal signed within time by a person sentenced to death and given to the prison authorities should whenever possible be sent to the requisite High Court for filing within 30 days of the decision appealed against.

For the reasons we have given however we were compelled to strike out this appeal.

Appeal struck out.