Whether The Law Permits the Filing of a Joint Notice of Appeal in Criminal Matters

CASE TITLE: AUWAL & ORS v. FRN (2025) LPELR-81274(SC)
JUDGMENT DATE: 16TH MAY, 2025
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on criminal law and procedure.

FACTS:
This is an appeal against the judgment of the Court of Appeal, Jos Judicial Division delivered CORAM Honourable Justice Ibrahim Shata Bdliya, JCA, Honourable Raphael Chikwe Agbo, JCA, and Honourable Justice Peter Olabisi Ige, JCA, in Appeal No. CA/J/183c/2011 on the 27th day of March, 2013, wherein the Court affirmed the conviction and sentencing of the Appellants by the trial Federal High Court in its judgment delivered on the 17th of December, 2010.

The Appellants were charged and arraigned before the Federal High Court, Jos Judicial Division alongside 11 others on a three- count charge as follows: conspiracy to carry out terrorist acts, an offence contrary to and punishable under Section 518(5) of the Criminal Code Act C38 Laws of the Federation of Nigeria, 2004; illegal possession of locally made guns (one gun each, totaling 7 guns) without a valid license contrary to Section 5(1) of the Firearms Act Cap F28, Laws of the Federation of Nigeria 2004 and punishable under Section 27(1)(c)(i) of the same Act; intimidation while armed with dangerous weapons which caused the death of several persons, serious injuries to several others, damage to public and private properties and natural resources and thereby committed an offence contrary to and punishable under Section 15(2) the Economic and Financial Crimes Commission Act, 2004.

The Appellants and their co-accused persons all pleaded not guilty to the said charge.

At the trial, the prosecution called 5 (five) witnesses. The prosecution closed its case, and the defendants opened their defence and testified on their own behalf. At the close of the trial, the parties filed and exchanged their respective final written addresses, and the matter was adjourned for judgment.

In its judgment, the trial convicted all the accused persons, including the Appellants on three counts and sentenced them accordingly. Dissatisfied with the judgment of the trial Court, the Appellants appealed to the Court of Appeal. The Appellants and 9 others filed separate notices of appeal.

In its judgment, the Court of Appeal dismissed the appeal and affirmed the judgment of the trial Court. Still dissatisfied with the judgment of the Court of Appeal, the Appellants has appealed to the Supreme Court.

ISSUE(S) FOR DETERMINATION:
The Court distilled a sole issue for the determination of the appeal thus:

“Whether the Joint Notice of Appeal filed by the Appellants’ counsel is competent and not liable to be struck out?”

DECISION/HELD:
The Court held that the Appellants’ joint Notice of Appeal was bad and defective. Thus, the appeal was struck out.

RATIOS:
● APPEAL- NOTICE(S) OF APPEAL: Whether the law permits the filing of a joint notice of appeal in criminal matters; effect of same
● APPEAL- NOTICE(S) OF APPEAL: Whether a joint notice of appeal can be filed and signed by counsel for the appellant in criminal appeals
● APPEAL- NOTICE(S) OF APPEAL: Nature and importance of a notice of appeal; effect of a defective notice of appeal

To read the full judgment or similar judgments, subscribe to Prime or Primsol