“The other aspect of this issue I wish to address relates to the decision of the court below that even where there is no competent notice of appeal before the court, it can assume jurisdiction simply because issue of jurisdiction is to be raised in the appeal. One thing I am sure of is that there can be no appeal before an appellate court without a competent notice of appeal. This much was held by this court in Uwazurike & ors v A.G. Federation (2007) LPELR- 3448 (SC) at page 9 paragraphs A – C as follows:-
It is not in doubt that appeals are creatures of statutes. So, the jurisdiction of the court of Appeal to adjudicate on any matter brought before it is statutory and also guided by the Rules of the court. The failure by any appellant or appellants to comply with the statutory provision or requirement prescribed by the relevant law/laws or Rules (which are in the nature of a subsidiary legislation and perforce, must be obeyed) under which such appeals may be competent and properly before the court, will certainly deprive the appellate court jurisdiction to entertain and/or adjudicate on the matter.
At page 14 of the said report, this court further held that:-
It must be borne in mind always and this is also settled that a notice of appeal is the foundation and substratum of every appeal. Any defect thereto or therein will render the whole appeal incompetent and the appellate court will lack the required jurisdiction to entertain it or any interlocutory application based on the said appeal once the notice of appeal even as amended was held by the court below to be defective and therefore incompetent, there was nothing left for it to consider in the appeal other than to strike out the appeal in its entirety. I hold that the court below was not entitled and could not consider or deal with any other issue in respect of an incompetent and defective notice of appeal (even as amended).
See also Aviagents Ltd v Balstravest Investment Ltd (1966) l All ER 450, Olowokere y African Newspapers (1993) 5 NWLR (pt 295) 583, Olanrewaju v. B.O.N Ltd (1994) 8 NWLR 8 NWLR (pt 364) 622, Hambe & anor v Hueze & ors (2001) 2 SCNJ 31 at 43, (2001) 4 NWLR (pt 703) 372.” PER J. I. OKORO, J.S.C., in
Joseph Hemen Boko V Hon. Benjamin B. Nungwa & Ors
LER [2018]SC. 732/2016
APPEAL NO: SC. 732/2016 https://legalpediaonline.com/joseph-hemen-boko-v-hon-benjamin-b-nungwa-ors/
