The Court of Appeal in Abuja has refused to hear an appeal filed by politician and founder of DAAR Communications, Raymond Dokpesi.

The Appeal Court declined jurisdiction to hear the appeal on Friday, September 4, 2020.

Dokpesi and a firm, DAAR Investment and Holdings Company Limited are being tried before a Federal High Court in Abuja on charges bordering on diversion and breach of procurement law to the tune of N2.1 billion.

The Economic and Financial Crimes Commission (EFCC), in a seven-count charge accused Dokpesi and DAAR Investment of diverting about N2.1 billion received from the office of the then National Security Adviser (NSA), Sambo Dasuki.

Having appealed their case on November 21, 2018, the trial judge, Justice John Tsoho, rejected their no-case submission and ordered them to enter into a defence.

The three-man panel of the Court of Appeal, in a ruling on Friday, held that the two notices of appeal, dated November 26 and 30, 2018, filed jointly for Dokpesi and DAAR Investment by their lawyer, Kanu Agabi (SAN), were incompetent.

The lead ruling which was authored and read by Justice Stephen Adah upheld the argument by the prosecution lawyer, Oluwaleke Atolagbe, to the effect that it was wrong for the two appellants to file joint notices of appeal in a criminal case.

According to the court, Dokpesi and DAAR Investment, named as first and second defendants in the charge before the trial court, are separate entities, adding that in criminal cases, liability is personal.

The court further stated that Dokpesi, as a natural person, ought to file his separate notice of appeal, which he must either sign personally or by his lawyer, while DAAR Investment, being an artificial person, ought to have its separate notice of appeal signed by one of its senior officials.

The court held that Agabi’s argument that DAAR Investment was not dully arraigned before the trial court was out of place and filing of a notice of appeal must be done personally by an appellant and that where such an appellant is not a person, it must be signed by a senior official of the company.

The court said:

“There are no provisions sanctioning joint filing of a notice of appeal. Notice of appeal must be filed separately in a criminal matter. The law does not allow the joint filing of a notice of appeal.

“An appeal initiated without regard for the rule of court is incompetent. A notice of appeal must be filed separately in a criminal matter. The law does not allow the joint filing of a notice of appeal.”

“An appeal initiated without regard for the Rules of court is incompetent. The defect in these notices of appeal cannot be explained away. This appeal is therefore incompetent. It is accordingly struck out,” the court ruled.

Reacting to the development, Agabi, said his client would effect the necessary corrections and refile.