LEGAL PRINCIPLE: APPELLATE PRACTICE – Defective Notice of Appeal – Effect of Amendment
PRINCIPLE STATEMENT
Where a notice of appeal is defective in that there is no competent and valid ground of appeal in it, such defective notice of appeal cannot be cured by the filing of amended grounds out of time.
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 8; Paras D–E.
"Where a notice of appeal is defective in that there is no competent and valid ground of appeal in it, such defective notice of appeal cannot be cured by the filing of amended grounds out of time."
EXPLANATION / SCOPE
A notice of appeal with no competent or valid ground is fundamentally defective. Filing amended grounds out of time cannot cure the defect. The original notice must have at least one valid ground to support the appeal. If the original notice is a nullity, no subsequent amendment can validate it. The appellant must file a fresh notice of appeal within time or seek extension. The principle prevents parties from circumventing time limits by amending defective notices. The court must strike out an appeal founded on a defective notice. The defect goes to jurisdiction. The appellant cannot rely on the court’s discretion to cure fundamental defects.
