Judgment
EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment): The appellant was charged with and tried for the offence of culpable homicide punishable with death in the Borno State High Court sitting at Maiduguri in charge No BOHC/MG/CR/23/14. Following the conclusion of evidence and addresses, the trial Court rendered its judgment on 11-12-2014, convicted the appellant and sentenced him to death.
Dissatisfied with this judgment, the appellant on 8-2-2015 filed a notice of appeal against it on the sole ground that the decision of the High Court is unreasonable and cannot be supported having regard to the evidence.
Appeal No. CA/J/60C/2015 commenced by the filing of the said Notice of Appeal was entered in the Court of Appeal on 8-5-2015.
On 16-6-2016, the Court of Appeal dismissed the appeal for want of prosecution consequent upon the appellant’s failure to file appellant’s brief within 45 days from the service of the record of appeal on him as prescribed by the then applicable Order 18 Rule 2 Court of Appeal Rules 2011. The short ruling of the Court of Appeal reads thusly “The record of Appeal was entered before the Court on 08-05-2015. By virtue of Order 18 Rule 2 of the Court of Appeal Rules, 2011, appellant has 45 days within which to file his brief of argument.
There is no Brief of Argument filed by the appellant and no application before us seeking to regularize same. Since appellant is aware of today’s hearing, we would take it that he is no longer desirous in prosecuting this appeal. Consequently, we would invoke Order 18 Rule 10(2) of the Court of Appeal Rules, 2011 and dismiss the appeal for want of prosecution.”
By a motion on notice filed on 21-6-2016, the appellant applied for an order setting aside the decision dismissing his said appeal and an order relisting same to the cause list of the Court for hearing. The Court of Appeal on 30-3-2017 dismissed the application on the ground that it has no power to relist an appeal it has dismissed for want of prosecution consequent upon the appellant’s failure to file appellant’s brief and in the absence of an application for extension of time to file appellant’s brief.
Dissatisfied with this decision, the appellant on 12-4-2017 filed a notice of appeal commencing this appeal No. SC.573/2017 against the decision to this Court.
