APPELLATE PRACTICE — Notice of Appeal — Signing by Appellant — Mandatory Requirement for Notice of Appeal to be Signed by Appellant Personally
Ratio Decidendi
Per Ogbuagu, JSC, in Uwazurike & Ors v. A.G., Federation (2007) NLC-123-209-2006(SC) at pp. 3–4; Paras B–D:
"The statutory provision, is that every Notice of Appeal, shall be signed by the Appellant himself and no other (including Counsel) and not jointly. Period! The provision is not only clear and unambiguous, but it is mandatory."
Explanation / Scope
The principle concerns the personal signing requirement for Notices of Appeal under the rules of court. The rule requires the appellant’s personal signature on the Notice of Appeal, and this requirement is mandatory, not discretionary. The signature by counsel alone or by any other person on behalf of the appellant is invalid and renders the Notice incompetent. The rationale is that the decision to appeal is personal to the appellant and must be authorised by them. The requirement applies to all appellants, whether natural persons or corporations, though in the case of corporations, an authorised officer may sign. The court will not accept signatures by counsel without the appellant’s own signature. The principle ensures that the appellant is personally identified and that the appeal is brought with their authority. Non-compliance is fatal to the appeal.