[Rev. 2012]
(b)
Criminal Procedure Code
CAP. 75
Repealed by Act No. 5 of 2003, s. 93.
(2) An appeal to the High Court may be on a matter of fact as well as on a
matter of law.
[Act No. 17 of 1967, s. 30, Act No. 5 of 2003, s. 93.]
348. No appeal on plea of guilty, nor in petty cases
No appeal shall be allowed in the case of an accused person who has pleaded
guilty and has been convicted on that plea by a subordinate court, except as to the
extent or legality of the sentence.
[Act No. 17 of 1967, s. 31.]
348A. Right of appeal against acquittal, order of refusal or order of dismissal
When an accused person has been acquitted on a trial held by a subordinate
court, or where an order refusing to admit a complaint or formal charge, or an order
dismissing a charge, has been made by a subordinate court, the Director of Public
Prosecutions may appeal to the High Court from the acquittal or order on a matter
of law.
[Act No. 13 of 1967, s. 3, Act No. 12 of 2012, Sch.]
349. Limitation of time of appeal
An appeal shall be entered within fourteen days of the date of the order or
sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit
an appeal after the period of fourteen days has elapsed, and shall so admit an
appeal if it is satisfied that the failure to enter the appeal within that period has
been caused by the inability of the appellant or his advocate to obtain a copy of the
judgment or order appealed against, and a copy of the record, within a reasonable
time of applying to the court therefor.
[Act No. 57 of 1955, s. 9, Act No. 22 of 1959, s. 34, Act No. 17 of 1967, s. 32, L.N. 22/1984.]
350. Petition of appeal
(1) An appeal shall be made in the form of a petition in writing presented by the
appellant or his advocate, and every petition shall (unless the High Court otherwise
directs) be accompanied by a copy of the judgment or order appealed against.
(2) A petition of appeal shall be signed, if the appellant is not represented by
an advocate, by the appellant, and, if the appellant is represented by an advocate,
by the advocate, and shall contain particulars of the matters of law or fact in regard
to which the subordinate court appealed from is alleged to have erred, and shall
specify an address at which notices or documents connected with the appeal may
be served on the appellant or, as the case may be, on his advocate; and the
appellant shall not be permitted, at the hearing of the appeal, to rely on a ground
of appeal other than those set out in the petition of appeal:
Provided that—
(i) subject to the provisions of paragraph (ii), where, within five days of
the date of the judgment or order appealed against, the appellant or
his advocate has applied to the subordinate court which passed the
judgment or made the order for a copy of the record of the
C44 - 95
[Issue 1]
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