Notice of Appeal

And in considering the application to amend the Notice of Appeal, the Court should examine the original grounds of appeal to see if there is a ground that would sustain the appeal.

AFOLABI FAJEBE & ANOR v. ISAAC ADEBAYO OPANUGA LGC(11/01/2019) H

Once a notice of appeal is valid, it can be amended at any time before the appeal is heard.

AFOLABI FAJEBE & ANOR v. ISAAC ADEBAYO OPANUGA LGC(11/01/2019) H

As the initiating process, the notice of appeal contains what the subject matter of the appeal is. See DINGYADI V. INEC (No.2) (2010) 18 NWLR (pt.1224) 154 SC. It would not mislead the appellate Court to consider and decide on any decision that the parties are not aggrieved with it. A notice of appeal directed against a non-existent decision of a Court of law is, no doubt, an exercise in abuse of Court process.

With regards to the competence of the appeal before the lower Court, it must be borne in mind that a notice of appeal is a crucial initiating process, which forms the substratum or foundation of an appeal. Any defect in the notice of appeal renders it incompetent and liable to be struck out, as the Court of Appeal will lack jurisdiction to entertain it, See: Odunze & Ors vs Nwosu & Ors (2007) 13 NWLR (Pt. 1050) 1; Uwazurike vs A.G. Federation (2007) 8 NWLR (pt. 1035) 1; First Bank of Nig. Plc vs T.S.A. Ind. Ltd (2010) 15 NWLR (Pt. 1216) 247.

One cannot agree more with the lower Court. A Court is only competent to adjudicate in a matter when among other conditions, the subject matter of the suit, here the appeal, is competently before it and when same is initiated by due process of the law. Failure of an appellant to relate his Notice and grounds of appeal to the actual decision he is dissatisfied with renders the Notice of Appeal incompetent and nugatory. Because it is the foundation or substratum of the appeal, the incompetence of the notice of appeal negates the entire appeal as well. See Madukolu v. Nkemdilim (1962) 2 SCNLR 341, Atolagbe V. Awuni (1997) 9 NWLR (Pt 522) 536 and CBN v. Okojie (2004) 10 NWLR (Pt 882) 488; SPDC Nig Ltd V. Sam Royal Nig Ltd (2016) LPELR-40062 (SC). In FBN Plc V. T.S.A. Industries Ltd (2010) LPELR-1283 {SC}, a decision on which the lower Court relied, this Court restated the principle thus:-
"A notice of appeal in the process of appeal is a very important document as it forms the foundation of the appeal. If it is defective, the appellate Court must strike it out on the ground that it is incompetent.
The question of whether or not a proper notice of appeal has been filed in the lower Court is a question which touches on jurisdiction of the appellate Court. If no proper notice has been filed, then there is no appeal for the Court to entertain."