Ani v Effiok (2023) 8 NWLR ( Pt. 1887) 463 (SC).
Ani v Effiok (2023) is a case before the Supreme Court of Nigeria, with the case number SC 634/2013. The case is between Etubom (Dr) Anthony Asuquo Ani & Ors (Appellants) and Etubom Essien Ekpenyong Effiok & 2 Ors (Respondents).
One of the issues in the case is whether the Respondent’s amended notice of appeal was competent because it was not clear who signed it. However, Augie JSC held that the failure to tick the name of the person who signed the amended notice of appeal does not invalidate it.
In the earlier decisions of the court in the case of N.C. ANGUS (W/A) LTD & ORS v. FRN(2021)LPELR-52837(CA) and …., the Court of Appeal held that failure of counsel to tick his name as one that signed the court process where there are several lawyers that frank the process robs the court of it’s jurisdiction to hear the matter.
See Also: UYINA v. UJI(2021) LPELR-54218(CA)
However speaking, in the recent case of Ani v. Effiok (2023) 8 NWLR (Pt. 1887) 463 S. C. the apex court held as follows:
“Where Counsel other than a lead Counsel signs a process, he ticks his name to show that it was he who signed it. However, where, as in the instant case, it is clear that the person who signed the court process (here the amended notice of appeal) is a legal practitioner, and it is obvious to the court that Counsel, indeed, signed the court process, the failure to tick his or her name as the person who signed the process would not invalidate the process . In this case, the signature on the amended notice of appeal was legible and while there were eight names listed thereunder, it was clear that the signature was that of Mrs. Nella Andem-Rabana, SAN, the lead Counsel, whose name was directly subscribed under the signature. The Supreme Court was convinced that she signed the process despite the absence of a tick beside her name.”
