CaseLaw
Ohuka V. State (1988) CLR 2(e) (SC)
Judgement delivered on February 26th 1988
Brief
Facts
The Appellants were on the 22nd June, 1979 arraigned before the Umuahia Judicial Division of the Imo State High Court on a charge of murder. They were on the 8th day of May, 1981 found guilty of the offence charged by Ononuju, J and sentenced to death by hanging. The Appellant then appealed against their conviction and sentence to the Court of Appeal, Enugu, Division. That Court Coram Aseme, Belgore and Olatawura, JJCA on the 9th day of September, 1985 dismissed the appeal of the Appellants, upheld and confirmed the judgment and sentence of the trial court.
The Appellants then further appealed to the supreme Court of Nigeria. Their Notices of Appeal were each dated this 10th day of December, 1985 obviously more than 30 days from the date of the Appellant Court judgment appealed against delivered on 9th September, 1985. On the 17th September, 1987 the appeal came up before the Supreme Court for hearing. Thereupon, learned counsel for the Appellants, Chief Akinrele, S.A.N. made a bold submission that on a proper interpretation of section 31(2)(b) of the Supreme Court Act No 12 of 1960, the appeals of the Appellants were all filed within time and were therefore competent. The Presiding Justice Eso, J.S.C. then adjourned arguments on the proper interpretation of S 31 (2)(b) of the Supreme Court Act 1960 to a full Court to be empanelled by the Chief Justice of Nigeria. On the 26th day of November, arguments were advanced in support of each party’s contention.