Effect Of Mistake In The Year Of A Judgement Being Appealed Against. Daily Law Tips (Tip 534) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
After judgment is delivered by a court, dissatisfied party can appeal against such judgment, where the court is not final. There cannot be an appeal over the judgment of the Supreme Court of Nigeria. The Supreme Court is final. Being human, it is not unusual for lawyers to make mistakes. Mistakes of counsel can affect the case of his client. What will courts in Nigeria do, where in an appeal, there is mistake in the year the judgement being appealed against was delivered? Does such mistake rob court of its jurisdiction and make appeal incompetent?
This Supreme Court has pronounced on this issue. Below is what the apex court held;
“…I agree with the learned counsel for the Appellant that this is a mere clerical error resulting from the mistake or inadvertence of his counsel. It is not a fundamental error that robs the lower Court the jurisdiction to entertain the appellant’s appeal. Faced with a similar circumstance in JERIC NIGERIA LIMITED v. UNION BANK OF NIGERIA PLC (Supra) (a case that is considered on all fours with the instant case) this court per KALGO, JSC at page 458 had this to say: “I also entirely agree with the submissions of the learned counsel for the respondent that the mis-stating of the actual year of judgment in the circumstances of the case is a mere irregularity which did not vitiate the appeal or cause any miscarriage of justice. The error is as in my respectful view not fatal as to render the appeal incompetent. It is also true as submitted by the learned counsel for the respondent that this court has long moved away from sticking to technicalities as opposed, to the determination of parties rights on merits and substantial justice. See the State v. Gwonto (1983) 1 SCNLR at 160; Amako v. The State (1995) 6 NWLR (Pt. 399) 11 at 26; Akpan v. The State (1992) 6 NWLR (Pt. 248) 439.” Per GALADIMA ,J.S.C ( Pp. 20-21, paras. G-E )
References;
The decision so the Supreme Court in the following cases:
1. KAKIH v. PDP & ORS (2014) LPELR-23277(SC)
2. State v. Gwonto (1983) 1 SCNLR at 160;
3. Amako v. The State (1995) 6 NWLR (Pt. 399) 11 at 26;
4. Akpan v. The State (1992) 6 NWLR (Pt. 248) 439
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
****************************************************************************************
This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.
DISCLAIMER:
This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.
PROJECTS:
🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org
🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org
🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6
KEEP IN TOUCH:
Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:
YouTube: SabiLaw
Twitter: @Sabi_Law
Facebook page: SabiLaw
Instagram: @SabiLaw.org_
WhatsApp Group: Free Daily Law Tips Group 6
Telegram Group: Free Daily Law Tips Group
Facebook group: SabiLaw
Email: lisa@sabilaw.org
Website: www.SabiLaw.org
ABOUT US & OUR PARTNERS:
This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.
DONATION & SPONSORSHIP:
As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.
**********************************************************************************
