CasesCourt Matters

Uncertified Record of Appeal: Supreme Court Ruling delivered by Justice Olabode Rhodes-Vivour in Abe v APC

Justice Olabode Rhodes-Vivour pronounced the Supreme Court’s ruling that where the processes are uncertified the Record of Appeal becomes incompetent

IN THE SUPREME COURT OF NIGERIA HOLDEN AT ABUJA ON MONDAY 11TH FEBRUARY, 2019 BEFORE THEIR LORDSHIPS

OLABODE RHODES-VIVOUR JUSTICE SUPREME COURT; OLUKAYODE ARIWOOLA JUSTICE, SUPREME COURT; AMIRU SANUSI. JUSTICE, SUPREME COURT; AMINA ADAMU AUGIE JUSTICE, SUPREME COURT ; SIDI DAUDA BADE JUSTICE, SUPREME COURT;

SC,118/2019

BETWEEN

SENATOR MAGNUS NGEI ABE & ORS……. APPELLANTS AND APC & ORS……… RESPONDENTS

RULING [DELIVERED BY OLABODE RHODES-VIVOUR, JSC]

This is an appeal against stay of execution granted by the Court of Appeal. Mr. L.O. Fagbemi SAN, learned counsel for the 1st Respondent filed a Preliminary objection to this Interlocutory Appeal. He raised several grounds as to why this appeal is incompetent, one of his grounds is that the Record of Appeal is uncertified by the Court of Appeal Registry.

Relevant provisions of the Rules for consideration of this matter are Order 8 Rule 9 of the Court of Appeal Rules and Order 7 Rule 7(4) of the Supreme Court Rules.

Both Rules say the same thing.

That is that all processes must be certified.

It must also be noted that a Record of Appeal is compiled by either the Registry of the Court of Appeal or by counsel filing the appeal.

In this case Mr. Bello who filed the appeal compiled the Record of Appeal, it was his duty to ensure that all processes are certified and a further duty to lodge all certified processes forming the Record of Appeal in this court.

Where the processes are uncertified the Record of Appeal becomes incompetent. In this case only a few documents were certified. Documents that were not certified in this case several of them) can be safely be said to be the private property of counsel.

Since the Record of Appeal and most of the documents are uncertified the Preliminary Objection succeeds and it is sustained.

It is hereby ordered that parties return to the Court of Appeal for the hearing of the substantive appeal which is still pending for a hearing on the merits. Preliminary Objection is sustained on this ground alone.

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