Criminal Appeals

Question 1

Who has the right to appeal?

Answer 1

Only the accused and prosecution have a right of appeal

Question 2

What is a prerogative Writs

Answer 2

Writs issued by the court in the course of proceedings where there is direct interference with the rights or property of the accused

The accused must show that his personal liberty or property rights have been violated by the proceedings or order of a court.

These application may be made in the course of proceedings or after judgement

Question 3

What is Habeas Corpus

Answer 3

It is used to order release from custody or procure attendance of a person who is unlawfully detained.

Question 4

What is a Prohibition writ?

Answer 4

Used by a superior court, directing the judge of a lower court to cease proceedings, because the lower court does not have jurisdiction to hear or determine the matters before it

Question 5

What is a mandamus writ?

Answer 5

It is used to compel a judicial or administrative officer to perform an act which is his official duty

Question 6

What is Certiorari?

Answer 6

Used by a high court to quash the order of a lower court, where the lower court has acted without jurisdiction or there is irregularity in its proceedings

Question 7

When is notice of appeal to be filed if you are appealing from the magistrate court to the high court?

Answer 7

30 days after delivery of judgement
or
when the accused or convict becomes aware of the judgement

Question 8

In appeals from magistrate to high court, when should appeals against the sentence of caning be done?

Answer 8

15 days after the pronouncing of caning

Question 9

Where will the notice of appeal be filed if its a decision at the magistrate court and what does it contain?

Answer 9

It contains the ground of appeal

It will be filed at the Magistrate Court

Question 10

Who signs the notice of appeal in appeals from the magistrate court?

Answer 10

The appellant or his legal practitioner

Question 11

What is the procedure at the magistrate court where the appellant is filing his notice of appeal out of time

Answer 11

1. An application is to be made to the high court for extension of time within which to appeal
2. The application is by motion on notice with affidavit
3. if the application for extension of time is granted, the appellant may thereafter file notice of appeal at the magistrate court

Question 12

How can appeals from the magistrate court be made?

Answer 12

May be made orally or in writing

If its oral: shall be reduced into writing by the court clerk and signed by the appellant or his legal practitioner

Question 13

How can an appellant in prison file his appeal?

Answer 13

The notice of appeal is deemed as filed when he hands it over to the director of the prison

Enweliku v State

Question 14

How can co-accused persons bring a notice of appeal?

Answer 14

Each of them must give a separate notice of appeal.
Even if they are represented by the same counsel.
A joint notice of appeal is incompetent.

Question 15

Draft the omnibus ground of appeal

Answer 15

” the decision of the trial court is unreasonable and cannot be supported having regards to the evidence.”

Question 16

what is not a proper ground of appeal in criminal cases?

Answer 16

A ground that alleges that the decision is unreasonable, unwarranted and cannot be supported having regard to the weight of evidence is not a proper ground of appeal in criminal cases

Enitan v State

Question 17

When are appeals from the high court to the Court of Appeal as of right?

Answer 17

1. Final decisions of the high court sitting at first instance
2. Where the ground of appeal involves a question of law alone
3. Where there is any question as to interpretation or application of the constitution
4. Where there is any decision involving chapter IV rights
5. Where the court has imposed a sentence of death
6. Where the liberty of a person or an infant is concerned

Question 18

What is the procedure for appealing to the Court of Appeal?

Answer 18

1. Notice of appeal is filed in the registry of the high court
2. Notice of appeal may be signed by the appellant or by his legal representative
3. Notice of appeal shall be filed within 90 days
4. Where the appeal requires leave of the court and the high court refuses to grant leave, the appellant has 15 days to file with the court of appeal

Question 19

Who signs the notice of appeal if the accused is found to be insane or of unsound mind?

Answer 19

His legal representative shall sign the notice of appeal

Question 20

What does the registrar do after the notice of appeal is filed at the registry

Answer 20

Compile the record of appeal and transmit it to the registry of the court of appeal

Question 21

What documents accompany the record of appeal

Answer 21

1. Original exhibits
2. Original depositions
3. Original information or charge
4. Original plea of the accused
5. Other documents kept by the registrar

Question 22

How are appeals in the court of appeal argued?

Answer 22

On written briefs

Question 23

Within how many days does the appellant file his brief

Answer 23

within 45 days of receipt of the record of appeal

Question 24

How many days does the respondent have to file his argument?

Answer 24

30 days to file his brief of argument upon service of the appellant’s brief of argument

Question 25

Within how many days can the appellant file a reply

Answer 25

Appellant may file a reply brief to new points of law raised in the respondent’s brief within 14 days