Compulaw - 1st Indigenous Digital Law Library

Brief

Extension of time to seek leave to appeal
Section 241 (1) (b) of the 1999 Constitution
Appeal against an interlocutory decision
Ground of appeal
Issues for determination
Affidavit and counter affidavit

Facts

The appellant was standing trial before the High court and being prosecuted by the respondent for alleged criminal offence.

Sometime during the trial, the respondent had raised objection to the competence of the appellant, who, though a legal practitioner, in endorsing court processes and addressing court as such. After hearing arguments of both parties, the trial court in its considered ruling of 19/2/2009 overruled the respondent's objection of the learned Deputy Director of Public Prosecution.

Apparently aggrieved by the Ruling of the trial court in overruling its objection, the respondent on 10th March 2009 brought an application filed in the court below for the following prayers:

a
An order granting an extension of time within which to apply for leave to appeal against the ruling of Honourable Justice E. Teetito sitting in High Court No. 10 Port Harcourt, Rivers State, delivered on 19/2/2009 in respect of the matter - THE STATE VS. TIMIPA OKPONIPERE, CHARGE No. PHC/30/2007CR
b
An Order for leave to appeal against the ruling of Honourable justice E. Teetito sitting in High Court No.10 Port Harcourt, Rivers State, delivered on 19/2/2009 in respect of the matter THE STATE VS. TIMIPA OKPONIPERE, CHARGE NO. PHC/30/2007CR
c
An order for extension of time within which to file Notice of Appeal against the ruling of Honourable Justice E. Teetito sitting in High Court No.10, Port Harcourt, Rivers State, delivered on 19/2/2009 in respect of the matter THE STATE VS. TIMIPA OKPONIPERE, CHARGE No. PBHC/30/2007CR.
d
Such further or other orders as the Honourable Court may deem fit to make in the circumstance.

In support of the application, was an affidavit of 7 main paragraphs with 46 other sub paragraphs to the 7th paragraph.

Attached to the said application were three documents marked as Exhibits A, B and C respectively.

The respondent to the said application now appellant herein, filed what he headed and described as-

"Notice by respondent of intention to rely upon Preliminary objection".

Attached to the said Notice was a counter affidavit filed on 20/10/2009 to which were annexed two documents marked Exhibits A & B respectively. Also filed on 14/10/2010 was the respondent’s further counter affidavit of 15 paragraphs.

Both parties filed their respective written addresses.

In its unanimous considered ruling delivered on 5th July, 2010 the court below dismissed the application. The court below had, inter alia, held thus:

"……… the proposed grounds of appeal appear to involve grounds of law alone.

It is against this judgement that a further appeal has been lodged with this court.

Okponipere Vs. State (2013) CLR 2(a) (SC)

Judgement delivered on February 8th 2013

Brief

Facts

Issues