Frn V Jokolo: Deploying law to curb terrorism (2)

Whether Filing of Joint Notice of Appeal Allowed in Criminal Matters:

Although, in civil matters, the appellants are at liberty to file a joint notice of appeal, the filing of a joint notice of appeal is not allowed in criminal matters. A joint notice of appeal filed in criminal matters will be incurably defective and incompetent, this is so because it will complicate the appeal and imply that the appellant is inviting the appellate court to determine the rights of the co-accused as well. A court is bound to strike out such notice of appeal even without inviting counsel to address the court on the issue and such will not occasion a miscarriage of justice. This is because any appeal originated without following the rules of court is incompetent. In this case, the failure of the respondent to include names of his co-accused as respondents on the notice of appeal was not an irregularity and it did not affect the merits of the appeal as constituted at the Court of Appeal.

Whether it is Mandatory in Criminal Appeals to Include the Names of Co-accused in a Notice of Appeal:

In criminal appeals, it is not mandatory for an appellant to include the names of co-accused at the trial court in his notice of appeal, if those co-accused are not affected by the appeal. The Court of Appeal Rules generally outline the requirements for a notice of appeal, which center on the appellant and the judgment. It is therefore not necessary for an appellant to endorse his co-accused as part of the parties to the appeal when the appeal is for himself only. The rules do not impose a mandate on a sole appellant to include his co-accused, this is because it implies that the lower court was being invited to determine the rights or involvement of other defendants in the appeal filed thereat. Conversely, if a co-accused is not appealing, or has been acquitted, or their case is entirely distinct from the appellant’s grounds of appeal, there is no legal or procedural requirement to name them in the notice of appeal. Therefore, including unaffected parties would be superfluous and could potentially complicate the appeal process by introducing irrelevant details.

The Individualised or Personalised Nature of Criminal Appeals:

The entire gamut of a criminal appeal is individualised or personalised. Sections 27 of the Court of Appeal Act and 30 of the Supreme Court Act emphasize the appellant’s right to be present during the hearing of his criminal appeal which further emphasized the personalised nature of the appeal process. The focus is on the individual appellant’s rights and his challenge to the judgment or ruling. Therefore, an appellant’s notice of appeal should primarily concern himself and the respondent, without necessarily listing co-accused who are not parties to the specific appeal being filed. The attitude of appellate court to an appellant’s brief which proffers argument in respect of a co-accused who has a separate appeal is one of displeasure. The appeal of a co-accused even, where they exist, are treated distinctly thereby reinforcing the idea that an appellant’s appeal is personal. The appellate court’s jurisdiction is invoked by the appellant to review the decision affecting him, not to re-litigate the entire trial involving all original parties.

ALSO READ: We tried our best to save Ogogo — Senator Yayi

The Method of Filing Notices of Criminal Appeals at the Court of Appeal:

The method of filing notices of criminal appeals in the Court of Appeal is provided for under Order 17, rules 1-5, part 3 of Court of Appeal Rules 2021. Order 17, rule 1 states that the order shall apply to appeals to the court from any court or tribunal acting either in its original or appellate jurisdiction in criminal cases, other than a Court Martial, and to matters related thereto. Order 17, rules 2 to 5 allow individuals who are aggrieved by the judgment of the trial court to file notice of appeal or any other application and sign same either personally or by a legal representative. It does not require that all the defendants at the court must be listed as appellants or respondents as the case may be on the notice of appeal.

How Right of Appeal is Exercised in Criminal Matters at the Court of Appeal:

By provision of Order 17, rules 1-5 of the Court of Appeal Rules, 2021, a right of appeal is exercised individually by the appellant, even where the appellant is tried along with other persons. Order 17 rules 2 to 5 allow individuals who are aggrieved by the judgment of the trial court to file the Notice of Appeal or any other application and sign same either personally or by a legal representative. It does not require that all the defendants at the trial court must be listed as appellants or respondents as the case may be on the notice of appeal.

The Nature of Appeal and What a Rehearing of Appeal Entails:

All appeals shall be by way of rehearing. A rehearing is a review of the judgment as it pertains to the specific appellant and his challenge to the findings or sentence against him. A rehearing is distinct from a retrial, in the sense that it is not a retrial of all parties involved in the original case.

The Power of Chief Judge of Federal High Court to Make Rules:

By section 254 of the Constitution of Nigeria, 1999 (as amended), the Chief Judge of the Federal High Court is empowered, subject to the provisions of any Act of the National Assembly, to make rules regulating the practice and procedure of the Federal High Court.

The Presumption of Regularity of Official and Judicial Acts:

By virtue of section 168 (1) of Evidence Act, when any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that formal requisites for its validity were complied with. This is enshrined in the Latin maxim “omnia praesumuntur rite esse acta donec probetur in contrarium, which means that all acts are presumed to have been done rightly and regularly until the contrary is proved. It is a rebuttable presumption that holds true unless sufficient evidence is presented to prove otherwise. This provision is crucial for the efficient functioning of the legal and administrative systems. It relieves parties from the onerous burden of proving every minute detail of procedural compliance for acts performed by public officials or judicial bodies, thereby fostering public confidence in the integrity of such processes. For instance, if a court order is issued or the court performs its administrative functions, it is presumed that all necessary procedural steps were observed, unless evidence to the contrary is adduced. In the instant case, the respondent failed to prove that the Chief Judge did not comply with the formal requirements within 3 days before the matter was transferred to Abuja. The Court of Appeal was therefore in error when it held that the trial court did not have jurisdiction to entertain the matter.

The Importance of Jurisdiction and How it is Conferred:

The issue of jurisdiction is critical in the hearing and determination of any case before a court. Jurisdiction is conferred on the court by statute. The court cannot gift itself jurisdiction neither can the parties confer jurisdiction on the court. When an issue of jurisdiction arises, the relevant statute must be scrutinized to determine the issue.

The Primary Purpose of a Notice of Appeal:

The primary purpose of a notice of appeal is to identify the appellant, the respondent, the decision being appealed against, and the grounds of appeal. The focus is on the appellant’s grievance with the judgment of the lower court as it relates to his individual case.

Power of Supreme Court to Formulate Issues for Determination and Basis of:

The Supreme Court is at liberty and possesses the power to accept, reject or modify all or any of the issues formulated by the parties and frame its own issues, if such issues as formulated by the parties will not lead to a proper determination of the appeal. The purpose of formulating issues for determination is to narrow the issues in controversy between the parties in the interest of accuracy, clarity and brevity to lead to more judicious and proper determination of an appeal.

POSTSCRIPT:

This case highlights the power and influence of the Court over virtually all matters as allowed or defined by law. The point to make is that the judiciary is and remains the gateway to justice through which the security agencies can and should collaborate to fight terror, crime and other criminalities. Anything short of this will amount to self-help and may actually work to defeat the purpose. Presently, Nigeria’s primary legal weapon against insecurity is the Terrorism (Prevention and Prohibition) Act of 2022. This law establishes the National Counter-Terrorism Centre (NCTC) under the Office of the National Security Adviser (ONSA) to coordinate all national security responses. The framework strengthens anti-terrorism efforts through specific statutory mechanisms, such as sections 2 and 3 which empower the Federal High Court, upon an application by the Attorney-General, to declare an organisation a terrorist group. This criminalizes membership and possession of its insignia. Section 53 mandates the freezing, seizure, and forfeiture of funds or property suspected to be linked to terrorist financing. Financial institutions must report suspicious transactions immediately to the Nigerian Financial Intelligence Unit (NFIU). Section 29 permits law enforcement agencies to intercept communications, tap telephone lines, and access computer systems through an ex-parte application for approval by the Federal High Court to balance state security with privacy rights. In appropriate situations, cases like that of FRN v Jokolo should serve to guide us on how to deploy judicial power in the fight against crime and criminals.

.