“I agree with learned counsel for appellant that the lower court had no business inquiring into the contents of the said cross-appeal after having found that it was filed out of time and without the leave of court. In Adelekan v ECU-LINE NV (supra) at 144-145, the apex court reaffirmed the position of the law that an appellate court cannot exercise any jurisdiction outside its enabling statute and the constitution:

“it is settled law that the exercise of appellate jurisdiction is entirely statutory in that an appellate court derives its jurisdiction from the statute creating it including the constitution and other enabling statutory provisions. The Supreme Court therefore derives its jurisdiction from the Supreme Court Act and 1999 Constitution …

The right of appeal conferred by the Constitution on a party who desires to appeal is initiated by the filing of an notice of appeal since it is the filing of the   notice   of appeal against the judgment complained   of   that   signifies   the   real and constitutional signal of dis-satisfaction against the judgment. See Tukur v Gongola State (1988) 1 NWLR (Pt.68) 39. The Notice of Appeal is therefore the foundation of the appeal.” in PER M. U. PETER-ODILI, J.S.C.,

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/