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WILSON AGHOMI v. THE STATE

(2018) LPELR-43991(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 28th day of March, 2018

CA/OW/207C/2017(R)


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

WILSON AGHOMI - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a Ruling on an Application for Extension of Time to Appeal.
FACTS:
The Applicant filed a Motion in which he sought for the following orders: -


"1. Extension of time within which the Applicant may seek leave to appeal against the Ruling of the Court on No Case submission delivered on 30th day of September, 2015.
2. Leave to appeal against the said Ruling.
3. Extension of time to appeal against the Ruling."


The grounds for making the application as set out in the motion read thus: -

"1. Time to file appeal expired after 90 (ninety) days of delivery of Ruling.
2. Counsel did not utilize the 90 (ninety) days window due to inadvertence to the time within which to appeal.
3. Failure to file appeal within time was due to counsel's inadvertence."




ISSUES:
The Court of Appeal determined the Application based on issues arising from the grounds.
DECISION/HELD:
In the final analysis, the Court of Appeal dismissed the Application. 


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