LEGAL PRINCIPLE: APPELLATE PRACTICE — Time for Appeal — Computation of Prescribed Period — Exclusion of Public Holiday
PRINCIPLE STATEMENT
The date of the event from which calculation commences is normally excluded, and the last day is included; if the last day is a public holiday (dies non), the period ends at midnight of the next working day.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Auto Import Export v. Adebayo & Ors (2002) NLC-491997(SC) at pp. 6–7; Paras A–C.
"The periods prescribed for the giving of notice of appeal to this court in civil cases are stipulated in section 27(2) (a) of the Supreme Court Act, Cap. 424, Laws of the Federation of Nigeria, 1990. This provides as follows: '27(2) The periods prescribed for the giving of notice of appeal or notice of application for leave to appeal are - (a) in an appeal in a civil case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision.' Accordingly, it is crystal clear that the period prescribed by law for the giving of notice of appeal to this court is three months in an appeal against a final decision of the Court of Appeal. From the line of authorities, it is firmly established that although the computation of any period within which to do any act must in individual cases depend on the intention of the law makers as can be gathered from the relevant legislation, as a general rule the date of the event from which the calculation must commence is normally excluded from the reckoning and consequently, the last day will be included."
EXPLANATION / SCOPE
The computation of time for appeal excludes the date of the decision and includes the last day. If the last day falls on a public holiday (dies non), the period extends to the next working day. The principle ensures that parties are not penalised for court holidays. The rule applies to all statutory time periods. The court will compute time according to established rules. The appellant must file within the extended period if the last day is a holiday. The principle promotes access to justice. The court will not strike out an appeal filed on the next working day after a holiday. The rule is based on common law principles of time computation.