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SUIT NO. S.C. 107/1969
BEFORE THEIR LORDSHIPS:
Cole (With him Akinsanya) – for the Appellant
Ojosipe, Ag. Director of Public Prosecution, (Mid-West) – for the Respondent
CRIMINAL LAW – Murder – Appeal – Whether Supreme Court has power to extend time within which to appeal under S.31 of the Supreme Court Act – Supreme Court Act S.31(4).
PRACTICE AND PROCEDURE- APPEAL
As this is a murder appeal in which the Accused was convicted by Obaseki, J., on 25th February, 1969, in the High Court, Warri in Charge W/22C/67 but only signed his motion of appeal on 1st April, 1969 and filed it on 15th April, 1969, the appeal is not within the 30 days required by Section 31 of the Supreme Court Act and under Section 31 (4) we have in a murder case no power to extend that time.
The appeal is accordingly dismissed.