CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ONYEMA ANUFOROM CITATION: (2006) LPELR-11936(CA) In The Court of Appeal (Owerri Judicial Division) On Tuesday, the 12th day of December, 2006 Suit No: CA/PH/191/2003 Before Their Lordships MUSA DATTIJO MUHAMMAD, Justice, Court of Appeal MONICA BOLNA' AN DONGBAN -MENSEM, Justice, Court of Appeal IBRAHM MOHAMMED MUSA SAULAWA, Justice, Court of Appeal Between I. CIVIL SERVICE COMMISSION IMO STATE 2. SECRETARY TO THE GOVERNOR IMO STATE Appellants And GODWIN ONYEMA ANUFOROM Respondent 1
RATIO DECIDENDI 1 APPEAL - FILING/ENTERING APPEAL: Whether an appeal will be deemed to have been brought when the notice of appeal has been filed in the registry of the trial court "It is trite that by virtue of order 3 Rule 5 of the court of Appeal Rule, 2002, an appeal shall be deemed to have been duly brought when the notice of appeal has been filed in the Registry of the court below. For the avoidance of doubt, a distinction ought to be drawn between bringing or filing an appeal and entering an appeal. As alluded to above, an appeal can only be brought or filed in the court below; order 3 Rule 5 of the court of Appeal Rules (supra). Whereas, an appeal shall be deemed to have been entered in the court when the relevant record of proceedings in the lower court has been duly transmitted to and received in the lower court has been duly transmitted to and received in the Registry of this court. See order 1 Rule 21 (1) of the court of Appeal Rules (supra); OYO STATE INEC V. AG OYO STATE (2006) ALL FWLR (part 334) 2017 paragraphs B-C." Per SAULAWA J.C.A (P 17,Paras A-D) - read in context 2
Page 4 and 5: 2 PRACTICE AND PROCEDURE - MISTAKE
Page 6 and 7: 4 CONSTITUTIONAL LAW - RIGHT TO FAI
Page 8 and 9: He later in l980 applied for and wa
Page 10 and 11: the form designated for fresh appoi
Page 12 and 13: See pages 2 -5 of the Record. It's
Page 14 and 15: hereby quashed: (b) Whether the cou
Page 16 and 17: counsel who prepared the Notice did
Page 18 and 19: than 2003 is, with due respect no d
Page 20 and 21: that the party was entitled to be h
Page 22 and 23: On the other hand, the submission o
Page 24 and 25: 1st Appellant to communicate the de
Page 26 and 27: prejudice to the powers vested in t
Page 28 and 29: or citizens, and having the duty to
Page 30 and 31: nor in technicalities. These should
Page 32 and 33: This issue is said to have been dis
Page 34 and 35: shield. I think I can not agree mor
Page 36 and 37: And also hold. Hence, in the final
Page 38: E. C. AGUTA (MRS) For Appellants M.

CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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