The Court of Appeal says it cannot entertain the appeal filed by the founder of DAAR Communications Plc Raymond Dokpesi, for lack of jurisdiction
In the interlocutory appeal, Dokpesi was challenging the no-case submission ruling of the trial court in the case of abuse of the Public Procurement Act filed by the Federal Government.
But the Court of Appeal on Friday held that the notice of appeal was invalid and not properly filed. What was before the court was a joint appeal filed by Dokpesi and his company DAAR Investment limited.
However, relying on authorities of the Supreme Court, the Appeal Justices were of the view that the law does not allow a joint notice of appeal in criminal matters.
“This court has held that notice must be filed by each appellant in criminal matters. In the instant case there are two appellants, Dokpesi and Daar Investment”
Justice Stephen Adah who read the lead judgement added, “a joint notice in criminal matters is not what our law provides. It is defective and incompetent. It rubs the court of jurisdiction to hear the appeal. “Where a court lacks jurisdiction it lacks the necessary competence to try the case”.
In the instant case, the court noted that there was a defect of competence which can not be explained away. The two appellants, one official and another a natural person could therefore not have filed a joint appeal.
Based on this, the Court of Appeal held that the notice of appeal was incompetent and subsequently struck it out without making any pronouncement on the merits of the appeal.
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Reacting to the ruling, lead counsel for the appellant, Kanu Agabi, a senior Advocate of Nigeria says he will go back to the drawing board and prepare the appeal papers accordingly as directed, while the respondent counsel Olaleke Atolagbe applauded the court’s decision.
(Editor: Terverr Tyav)
