The Supreme Court five-member panel of judges yesterday dismissed the criminal appeal case filed by the applicant Abdoulie Conteh, as being incompetent.
In his objection, the Director of Public Prosecution, Emmanuel Fegbenle, told the court that the Court of Appeal was yet to decide on the applicant's application for an extension of time as the applicant filed the appeal out of time. He said if the Court of Appeal decides not to grant the application for extension of time then there is no need for an appeal at the Supreme Court.
For their part, the five-member judicial panel decided that the appeal was incompetent as the application cannot be in two courts and advised the applicant counsel to withdraw the appeal.
Lawyer Antuman Gaye formally applied to withdraw the appeal at the Supreme Court and the appeal was subsequently struck out.