Lawyers' Guide
Criminal Litigation Preview 33 min read

Appeals

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Appeals

Meaning of Appeal

Aredoyin v Arowolo (1989); Eweka v SCOA (2000)

Appeal is an invitation to a higher court to find whether on proper consideration of the facts placed before a lower court and the applicable law, the lower court arrived at a correct decision. Appeal usually stems from dissatisfaction of a party.

Right of Appeal

  • Right of appeal is created by statute - S243 CFRN;
  • Where there is no provision in the statute, no such right exists – Nunku v Police; R v Grantham (1969); Boardman v Sokoto NA (1965); Ugwu v AG East Central State (1975);
  • Governed by Constitution + statutes + subsidiary legislations + Rules of court – Adigun v AG Oyo State;
  • Right may be as of right or with leave.

4 Types of Appeal

  1. Appeal as of right - SS241(1), 233(2) CFRN;
  2. Appeal with leave - SS241(1), 233(2) CFRN;
  3. Interlocutory appeal – Nwosu v State (1990);
  4. Appeal against final judgment.

Stay in Criminal Matters

  • Stay of Proceedings: Appellant on interlocutory decision CANNOT apply for stay of proceedings - stay of proceedings NOT applicable in ANY criminal circumstance;
  • Stay of Execution: appeal does NOT operate as stay of execution, EXCEPT in death sentence – Bello v AG Oyo State.

Who May Appeal

  1. A person convicted;
  2. The prosecutor.

A person who is neither prosecutor nor defendant cannot appeal, either as of right or with leave – Akinbiyi v Adelabu (1965).

Exception - Personal Representative

Personal representatives of a deceased appellant’s estate can continue with appeal in cases punishable with fine – R v Roni (1955); Re: Abdullahi.

No Right of Appeal Cases

  • Inadequacy of sentence/punishment;
  • Against grant of bail (but right of appeal exists for refusal of bail) – Police v Noma (1973); Police v Aminu Sani (1975).

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