TABLE OF CONTENT
SUPREME COURT ACT, 2004 1
SUPREME COURT RULES 1985 (as amended in 1999) 17
SUPREME COURT (BENCH AND DIVISIONS) RULES 97
SUPREME COURT (PRACTICE DIRECTION) 2012 97
SUPREME COURT (CRIMINAL APPEALS) PRACTICE
DIRECTIONS, 2013 98
SUPREME COURT (AMENDMENT) RULES, 2014 104
COURT OF APPEAL RULES, 2021 107
COURT OF APPEAL (FAST TRACK) PRACTICE
DIRECTIONS 2021 197
COURT OF APPEAL (ALTERNATIVE DISPUTE
RESOLUTION) RULES, 2021 205
COURT OF APPEAL PRACTICE DIRECTION ON COSTS, 2021 221
COURT OF APPEAL COVID-19 PRACTICE DIRECTIONS AND GUIDELINES, 2021 222
COURT OF APPEAL PRACTICE DIRECTIONS ON PRE-
ELECTION, ELECTION AND POLITICAL PARTIES’
LEADERSHIP MATTERS, 2021 236
COURT OF APPEAL (EXEMPTION OF PAYMENT OF DEFAULT
FEES FOR THE FILING OF COURT PROCESSES) PRACTICE
DIRECTION (No. 1), 2021 238
COURT OF APPEAL ACT, 2004 (AS AMENDED) 246
REVISED CODE OF CONDUCT FOR JUDICIAL OFFICERS
OF THE FEDERAL REPUBLIC OF NIGERIA 259
COURT OF APPEAL PRACTICE DIRECTION, 2013 276
DRAFT BRIEF OF ARGUMENT 284
ABSENCE OF PARTIES WHEN APPEAL IS CALLED
Effect of absence of parties when an appeal is called. Order 6,
rules 8(6) of the Supreme Court rules (as amended) 314
ACADEMIC APPEAL
Attitude of court to academic appeal. 314
Duty on appellate court not to concern itself with
speculative or academic issues. 316
ACADEMIC AND/OR HYPOTHETICAL ISSUES
Attitude of appellate court to academic and hypothetical issues. 317
Attitude of court to academic or hypothetical issues. 317
ACCELERATED HEARING
Provision of order 6 rule 11 of the court of appeal rules, 2002
which empowers court to accelerate hearing in exceptional
circumstances and whether the circumstance of the
instant appeal is exceptional. 318
Reasons why court should be wary of granting an order
for accelerated hearing of an appeal. 318
ACCUSED NOT FOUND GUILTY ON APPEAL
Where accused is not found guilty on appeal – proper order
appellate court ought to make – whether order of discharge
or acquittal – section 246 of the criminal procedure act, cap.
43, LFN, 2004 – connotation of the word “shall” thereto. 319
ADDITIONAL EVIDENCE ON APPEAL
When additional evidence may be admitted on appeal, proper
approach of appellate court to exercise of powers therefore
and conditions precedent for. 320
ADDITIONAL GROUND OF APPEAL
Whether in considering whether to grant leave to file additional
grounds of appeal the court ought to examine the merit and
competence of the proposed additional grounds of appeal. 320
ADJOURMMENT
Attitude of appellate court to grant or refusal of
application for adjournment. 321
ADMISSIBLE AND INADMISSIBLE EVIDENCE
Attitude of appellate court to complaint on admissibility of and
reliance by trial court in admissible and inadmissible evidence. 321
ADMISSION OF EVIDENCE ON APPEAL
Discretionary powers of Supreme Court to admit fresh evidence
on appeal and condition precedent to grant of application for,
order 2, rule 12 of the Supreme Court rules considered. 322
Rule governing the exercise of power by the court of appeal to
admit further evidence on appeal. It’s application in the
instant case. Order 4, rule 2 of the court of appeal
rules, 2007 considered. 323
Whether evidence pleaded but not tendered at trial can be
admitted as fresh evidence on appeal. 323
ALLOWING AN APPEAL
Basis on which appeals are allowed. 324
Effect of allowing an appeal and duty of appellate
courts allowing an appeal. 324
When an appeal may be allowed. 325
Whether appeals can be allowed by consent. 325
APPEAL AGAINST AN INTERLOCUTORY DECISION
Whether appeal against interlocutory decision/ruling is as of right. 326
APPEAL AGAINST DECISION OF ELECTION PETITION
Applicable law to filing of appeal against decision of election
petition tribunal dismissing a petition challenging return of
senatorial candidate in election, preamble to practice
directions, no.2 of 2007 and section 149, Electoral Act,
2006 juxtaposed. 326
APPEAL AGAINST DECISIONS OF CUSTOMARY COURTS
Proper approach of appellate court to determining appeal
against decisions of customary courts. 327
APPEAL AGAINST FACTS
Mandatoriness of obtaining leave of court to appeal
against finding of fact. 328
APPEAL AGAINST INTERLOCUTORY DECISION
How it can be brought pursuant to section 21(2) of the Supreme
Court act – exemption thereto vide section 233(2) of
the 1999 constitution.
Whether the word “decision” in section 233(2) of the constitution,
creates any dichotomy between a “final” or “interlocutory”
decision of the Court of Appeal. 329
APPEAL AGAINST JUDGMENT
Lies only in respect of majority judgment. 329
APPEAL AS OF RIGHT
Appeal from decision of the court of appeal to supreme court –
pursuant to section 233(2)(a), (3) and (6) of the 1999
constitution along with section 21(2) of the supreme
court act – whether requires leave on question of law. 330
When an appellant can appeal as of right to the court of appeal,
section 246 of the constitution, 1999. 332
When appeal from decision of-Court of Appeal to Supreme
Court lies as of right. 333
When appeal is as of right. 333, 334
APPEAL BY AN INTERESTED PARTY
Need to seek leave – S.222 of 1979 constitution. 334
APPEAL BY INEC
When appeal by INEC is improper. 335
APPEAL BY INTERESTED PARTY – SECTION 243(1)(A)
OF 1999 CONSTITUTION (AS AMENDED)
Duty on “person having an interest” who desires to appeal –
Section 243(1)(a) 1999 constitution (as amended).
Who is a interested party in an appeal?
Whether in the interpretation of constitutional provisions where
words used are clear and free of ambiguity the provisions
should be given their ordinary meaning.
Whether provisions of the constitution must be interpreted to
achieve the obvious ends for which it was promulgated –
section 243( 1)(a) of the constitution.
Interpretation of “interested party”.
Who is a “interested party”.
Whether distinction between “a party” exercising his right of appeal
and “a person having an interest in the matter” who can only
exercise his right of app al with the leave of the Federal
High Court or the high court or the court of appeal.
Whether time is prescribed within which an interested party
may bring an application for leave to appeal as a person
with interest in a matter.
Whether where a party obtains leave to appeal as an interested
party he must appeal within the time prescribed by section 25
of the court of appeal act, 1976.
Whether where an interested party fails to appeal within the
stated time he can regularize his appeal by an application
for extension of time to appeal.
Meaning of audi alteram partrem.
Whether where a party can satisfy the court that his right to
fair hearing was infringed he is entitled to remedy.
Whether judges have jurisdiction to adopt procedure that
serves the ends of justice. 337
APPEAL CONNOTATION
What appeal connotes. 340
APPEAL DEEMED BROUGHT
When an appeal is deemed to have been brought. 341
APPEAL DEFINED
Definition of an ‘appeal’. 341
APPEAL DISMISSED BY COURT OF APPEAL FOR
WANT OF PROSECUTION
Course open to appellant whose appeal is dismissed by
court of appeal for want of prosecution. 342
APPEAL FILLED OUT OF TIME
Effect where appeal is filed out of time. 342
APPEAL FROM DECISION OF COURT OF APPEAL TO
THE SUPREME COURT AS OF RIGHT
Whether an appeal shall lie from decision of court of appeal
to the Supreme Court as of right. 342
APPEAL FROM DECISION OF HIGH COURT
Whether Supreme Court can hear appeal from
decision of high court. 343
Whether appeal lies from the High Court to the Supreme
Court – exception thereto.
Whether appeal to the Supreme Court must relate to the
decision of the court of appeal. 343
APPEAL FROM JUDGMENTS OF NATIVE COURTS.
Attitude of appellete court to matters of procedure in
respect of cases from native courts. 344
APPEAL FROM TRIAL COURT TO SUPREME COURT
Impropriety of appeals form trial court to Supreme Court. 345
APPEAL FROM UPPER AREA COURT OR HIGH COURT
Whether Supreme Court can hear appeal from
upper area court or high court. 346
APPEAL IN ADMIRALTY ACTION
Whether appeal from high court to court of appeal in decision
in admiralty action determining liability lies as of right. 346
APPEAL IN CONSOLIDATED ACTION
How party aggrieved by decision in consolidated
action or petition can appeal. 347
APPEAL OUT OF TIME
Application for leave to appeal out of time – S.25(2) now s.
24(2) court of appeal rules LFN 2004 – order 3 rule (4)
(2) Court of appeal rules. 347
Application of the three-prayer rule. 349
Factors court considers in granting application
to appeal out of time. 350
Whether an applicant seeking to appeal out of time
must ask for the trinity reliefs. 350
APPEAL STRUCK OUT FOR NON-COMPLIANCE.
Whether appeal struck out for non-compliance can be restored. 350
Whether court can strike out appeal for non-compliance
without hearing respondent to appeal. 351
APPEAL TO THE SUPREME COURT
Appeal to Supreme Court from high court
in appellate jurisdiction. 352
Provision of section 233(1) of the constitution of
the Federal Republic of Nigeria, 1999. 352
Whether the Supreme Court will consider a matter or
issue from area or upper area court or high court. 353
APPELLATE SYSTEM
Purpose of appellate system – to correct the
mistakes of the lower court. 353
APPLICATION
Court to which application will be made first, where same
may be made either to high court or court of appeal
and exception thereto. 354
APPLICATION FOR BAIL PENDING APPEAL
Factors regulating grant of bail pending appeal. 354
APPLICATION FOR EXTENSION OF TIME
Conditions applicant must show in an application
for extension of time. 355
Constitutionality of right of aggrieved party to appeal against the
decision of court of appeal to supreme court, conditions precedent
to extension of time statutorily provided for and discretionary
powers of court to grant, and proper approach of court to
determination of application for, 1999 constitution, section
233, court of Appeal rules, 2002, order 7, rule 10(2) and
Supreme court Rules, 2009, order 2, rule 31 considered. 356
Discretionary nature of grant of an application for
extension of time to appeal. 358
Discretionary powers of court to grant application for extension
of time within which to appeal, proper approach of exercise
and what applicant must establish to warrant grant of. 358
Discretionary power of court to grant or refuse application
for extension of time and how exercised. 359
How an application for extension of time is to be
brought before the court. 359
ARGUMENT OF APPEAL
Absence of ground of appeal – Effect. 360
Appeals are argued on issues for determination
and not on grounds of appeal. 360
Basis of argument of appeals. 360
Whether appellant can argue his appeal in person. 361
ATTITUDE OF SUPREME COURT TO CONCURRENT
FINDINGS BY LOWER COURTS
Attitude of supreme court to concurrent findings by lower courts. 362
Attitude of Supreme Court to concurrent findings of fact. 362
Attitude of Supreme Court to concurrent findings of fact
by two lower courts. 362
Attitude of the Supreme Court to concurrent findings of
fact by the lower court – circumstances where the
supreme court will interfere. 363
Whether appeal will lie as of right against an
award of costs by court. 364
AWARD OF DAMAGES
Attitude of appellate court to award of damages by trial court. 364
APPLICATION FOR EXTENTION OF TIME TO APPEAL
Constitutional right of party to appeal on any ground to Court of
Appeal and duty on to apply for extension of time to appeal where
fails to do within statutorily prescribed time, discretionary powers
of Court of Appeal to grant and attitude of Supreme Court to
exercise of constitution of federal republic of nigeria, 1999,
section 241(1)(a) considered. 365
Constitutionality of right to seek extension of time to appeal. 366
Determination of application for extension of time to appeal. 366
Determining factors for grant or refusal of an application for
extension of time within which to appeal and irrelevance of
applicant establishing success of his grounds of appeal thereto,
supreme court rules, order 2, rule 31 considered. 366
Extension of time within which party can perfect conditions of
his appeal – pursuant to order 3 rule 4(1) of the court of appeal
rules, 2002 – application for.
What applicant’s affidavit must contain and sufficiency of same
to support the application in the absence of notice of appeal.
Whether appellate court will interfere with lower court’s exercise
of discretion merely because the appellate court would have
acted differently in the circumstance. 367
Principles for grant of application for extension of time to appeal. 368
Principles governing grant of application for extension of time. 371
Requirements for application for extension of time to appeal. 371
Rationale for trinity prayer rule for extension of time to appeal. 372
Relevance of reason for delay in application for extension of
time to appeal against judgment given without jurisdiction. 373
Requirement for granting application for extension of time. 374
Requirements for application for extension of time to appeal. 374, 375
Trinity prayers. 375
Whether an applicant for extention of time to compile record of
appeal must seek extension of time to file record of appeal. 376
Constitutional right of party to appeal on any ground to court of
appeal and duty on to apply for extension of time to appeal where
fails to do within statutorily prescribed time, discretionary powers
of court of appeal to grant and attitude of supreme court to
exercise of constitution of Federal Republic of Nigeria, 1999,
Section 241(1)(a) considered. 378
Constitutionality of right to seek extension of time to appeal. 378
Determination of application for extension of time to appeal. 379
Determining factors for grant or refusal of an application for
extension of time within which to appeal and irrelevance of
applicant establishing success of his grounds of appeal
thereto, supreme court rules, order 2, rule 31 considered. 379
Extension of time within which party can perfect conditions of
his appeal – pursuant to order 3 rule 4(1) of the court of
appeal rules, 2002 – application for.
What applicant’s affidavit must contain and sufficiency of same
to support the application in the absence of notice of appeal.
Whether appellate court will interfere with lower court’s exercise
of discretion merely because the appellate court would have
acted differently in the circumstance. 380
Principles for grant of application for extension of time to appeal. 381
Principles governing grant of application for extension of time. 383
Requirements for application for extension of time to appeal. 384
LEAVE TO APPEAL
Duty of person interested in a matter to seek leave of
court before appealing. 385
Effect of failure to obtain leave of court to appeal from court
of appeal to supreme court where necessary. 386
Effect of failure to obtain leave of court where required. 386
Effect of failure to obtain statutory or constitutional leave
to appeal where such leave is required. 387
Effect of failure to obtain the leave of court when same is
necessary to file a ground of appeal. 387
Effect of not obtaining leave of court an appealing against
order of costs made with consent of parties. 388
Failure to obtain leave of court below or at the Supreme Court. 388
Importance of leave of court before setting an appeal in
process and effect of failure thereof. 389
Impropriety of party making a new case on
appeal without leave of court. 389
Mandatoriness of obtaining leave of court before filing on appeal
on grounds of mixed law and fact, sections 242(1) and 243
of the constitution of the federal republic of nigeria, 1999. 390
Meaning of leave of court and effect of not obtaining
leave to appeal where necessary. 390
Nature of question as to whether discretion of trial
judge was properly exercised. 391
Need for leave of appellate court to be obtained where a
new point is raised for the first time on appeal. 391
Need for leave of the supreme court to argue against
concurrent findings of lower courts. 392
Need to obtain leave of court to raise issue of admissibility
of evidence on appeal where not raised in trial court. 392
Needlessness of leave of court to appeal against final decision. 392
Needlessness of leave of court to raise issue of jurisdiction or
competence of court for the first time on appeal. 393
Needlessness of obtaining leave of court to appeal against
decision of election petition on ground of mixed fact and law. 393
Needlessness of obtaining leave of court to appeal against final
decision of high court or where the appeal is based on grounds
of law, constitution of the federal republic of nigeria, 1999,
section 242 considered. 394
Needlessness of obtaining leave of court to appeal against
final decision of high court, 1999 constitution, section
241(1)(a) considered. 394
Requirement of leave where ground of appeal raises issue
of mixed law and fact. 395
To raise fresh issues on appeal – impropriety of raising fresh
issue on appeal without leave. 395
Two conditions to be fulfilled by applicant seeking leave
to appeal as a person having interest in a matter. 395
What applicant for leave to appeal as interested party must prove
to justify grant of application, constitution of the federal
Republic of Nigeria, 1999, section 233(5) considered. 396
When appeal does not need leave of court. 396
When application for leave to appeal will be granted. 396
When leave is required and when not required to appeal
against trial court’s decision. 397
When leave of court becomes necessary to raise point of law
for the first time on appeal – section 241, constitution of
the federal republic of nigeria, 1999. 397
When leave of court is not required in appeal against
final or interlocutory decision. 398
When leave required to appeal against interlocutory decision
or admission or rejection of evidence. 398
When leave required to appeal from decision of court of
appeal to the supreme court. 398
When mandatory to seek and obtain leave of court
before filing notice of appeal. 399
Whether appeal against ruling of trial court involving wrongful
rejection or admission of evidence requires leave of court. 399
Whether issues of fact or law not considered by the trial court
can only be heard by an appellate court after leave of court
is obtained – effect of failure thereof see: Timothy v. FRN
(2012) 6 S.C. (pt. Iii) 159. 400
Whether leave is required to challenge a ruling which
wrongfully admitted or rejected an evidence in appeal
against final judgment. 400
Whether leave of court is necessary for the interlocutory appeals. 401
Whether leave of court is required in an appeal case
that is not a final decision. 401
Whether mandatory to obtain leave of court to raise fresh issue
on appeal and issue of jurisdiction as exception to. 401
Whether need for appellant to seek the leave of court on ground
of mixed law and facts or raising fresh issue on appeal. 402
Whether party can raise fresh issue or ground for the first time
without leave of either the trial court or appellate court. 402
Whether there will be need to obtain leave of court where an
appeal is interlocutory and the question raised in the
grounds of appeal is that of mixed law and fact. 403
BRIEF
Attitude of court to a badly written brief of argument. 403
Attitude of court to bad and defective brief of argument. 404
Attitude of court to bad brief. 404
Content of a brief. 404
Contents of a brief and need for counsel to shun
insulting language therein. 405
Contents of a brief of argument. 405
Definition of brief. 405
Effect of a brief filed out of time. 406
Effect of failure by respondent to reply an issue
raised in appellant’s brief.. 406
Effect of failure of party to file brief in the Supreme Court. 406
Effect where appellant fails to file brief of
argument in respect of appeal. 407
Essence of reply brief.
Whether meant for the repetition or improvement of
arguments in the appellant’s brief.
Whether need for counsel to be temperate and
civil in the use of language.
Whether the court in order to do substantial justice in the matter
should restrict itself to the way manner and style of presentation
of counsel’s argument in the determination of the issue. 407
How appellate court should treat a bad or
inelegant brief of argument. 409
How to settle brief of argument. 409
Importance of brief of argument.
Whether need for counsel to display skills and diligence in
the preparation of their briefs.
Whether oratory or charming advocacy prevails over written brief.
Attitude of the court to proliferation of issues. 411
Mandatory contents of brief of argument and duty on counsel
to make reference to relevant documents relied on, court
of appeal rules, order 17, rules 3(1) and (3) considered. 411
Meaning of reply brief. 412
Nature of brief of argument. 413
Need for lawyers to display respectful attitude towards judges
and other lawyers. Counsel not to use their briefs as an
avenue to insult parties or the court. 413
Proper approach of court to brief of parties. 415
Requirement of order 6 rule 10 court of appeal rules 1981. 415
Treatment of defective brief of argument. 415, 416
What is argued in a brief of argument and attitude of
court to a defective brief. 417
COMPLIANCE WITH ORDER 3 RULE 3(1) COURT
OF APPEAL RULES
Whether an application must comply with order 3 rule 3(1) of
the court of appeal rules and the reason why the rules
must be complied with. 417
COMPUTATION OF TIME
Effect of failure of appellant to file its brief within time stipulated
by Order 17 rules 2,5,10 of the Court of Appeal rules of court. 418
CONCURRENT FINDINGS OF FACTS BY LOWER COURTS
Attitude of appellate court to concurrent findings of
fact by lower courts. 418
Attitude of Supreme Court to concurrent findings of
facts by lower courts. 419
Attitude of Supreme Court to concurrent findings of facts by lower
courts – circumstances where the supreme court will interfere. 420
Attitude of Supreme Court to concurrent findings of fact. 421
Attitude of supreme court to concurrent findings by lower courts. 422
Attitude of Supreme Court to concurrent findings of fact. 423
Attitude of Supreme Court to concurrent findings of
fact by two lower courts. 423
Attitude of the Supreme Court to concurrent findings of fact
by the lower court – circumstances where the supreme
court will interfere. 423
What amounts to concurrent findings of facts by the two courts. 425
CONSEQUENTIAL ORDERS
Duty on appellate court to make consequential orders sought
by appellate where it reverses the judgment of trial court. 426
CONSOLIDATION OF APPEALS
Meaning of, object of, guiding principles – “consolidation”
and “consolidation of appeal.” 426
Principles governing consolidation of appeals. 428
Right of party to apply for consolidation of appeals. 428
COSTS
Whether an appellant who did not appeal on costs
can raise it on appeal. 429
COUNSEL PROFFERING EVIDENCE FOR PARTIES THROUGH
THEIR BRIEFS
Impropriety of counsel proffering evidence for
parties through their briefs. 429
COURT OF APPEAL – ATTITUDE OF APPELLATE COURT ON EVALUATION OF EVIDENCE
Attitude of appeallate court towards evaluation
of evidence by trial court. 430
COURT OF APPEAL – ATTITUDE OF APPELLATE COURT TO
EXERCISE OF DISCRETION BY TRIAL COURT
Attitude of appellate court to exercise of discretionary
powers of trial court. 430
COURT OF APPEAL AND SUPREME COURT
Proper constitution of the supreme court and court of appeal
for purpose of delivery of judgment. 431
COURT OF APPEAL RULES
Essence of order 3 rules 1-4 of the Court of Appeal Rules 2002. 432
Importance of order 6 rule 3 (1) of the Court
of Appeal rules 2002. 432
CROSS APPEAL
Course open to appellate court when main appeal disposes
of the issues in cross-appeal. 433
Distinction between cross-appeal and respondent’s notice. 433
Duty on court of appeal to consider respondent’s cross-appeal
and pronounce on the propriety or otherwise of same irrespective
of the decision reached in the main appeal – whether court’s
failure to consider amounts to a breach of the cross-appellant’s
right to fair hearing as enshrined in section 36(1) of
the 1999 constitution. 434
Nature of cross-appeal. 434
Nature of cross-appeal and when may be dismissed summarily. 435
Procedure to follow by a respondent who seeks reversal
of findings of a trial court. 435
DEATH OF PARTY
Duty on counsel representing party on appeal to give immediate
notice of the death of that party to registrar of court. 436
Whom burden of informing the court of the death of party
lies, Court of Appeal Rules, 2007, Order 15 (1) considered. 436
DECISION OF NATIVE / CUSTOMARY COURTS
Attitude of appellate court to decision of native courts. 437
DEPARTURE FROM PREVIOUS DECISION
When court of appeal can depart from its previous decision. 437
DEPARTURE FROM RULES OF COURT
Attitude of court to application for departure from the rules. 438
Discretionary power of court of appeal to order departure
from the rules to compile record of appeal. 438
Power of appellate court to direct departure from rules in
interest of justice, court of appeal rules, 2007, order
19, rules 2 and 3 considered. 439
DETERMINANTS OF AN APPEAL
Test for determining whether a ground of appeal is one
of law or mixed law and facts. 439
DETERMINATION BY THE SUPREME COURT
Basis of determination of appeal. 440
Basis on which appeal is determined, meaning of obiter
dicta and irrelevance of. 440
Whether court will pronounce on an issue not
submitted for its resolution. 441
Whether necessary to consider other issues where
decided issue takes care of entire appeal. 441
DISMISSING AN APPEAL FOR WANT OF DILIGENT PROSECUTION
Whether decision of supreme court dismissing an appeal
for want of diligent prosecution is final. 442
DISMISSAL FOR WANT OF PROSECUTION ON ACCOUNT OF
FAILURE TO FILE APPELLANT’S BRIEF – PURSUANT TO
ORDER 6 RULE 3(2) OF THE SUPREME COURT RULES
Whether court can dismiss appeal where there is a pending
application in the court by appellant for enlargement of time
within which to file the appellant’s brief of argument. 444
DISMISSAL OF APPEAL
Appeal dismissed under order 6 rules 10 of the
court of appeal rules. 445
Appeal dismissed under order 6 rule 10 of the court of appeal
rules and appeals dismissed under the general powers
of the court – difference. 446
Conditions. 446
Consequence of dismissal of an appeal for failure to file the
appellant’s brief when required. 446
Effect of failure of appellant to file brief of argument within time. 447
ENLARGEMENT OF TIME WITHIN WHICH TO APPEAL
Application for – pre-conditions for grant of under order
3 rule 4 (1) of the court of appeal rules, 1981. 447
Application for enlargement of time to appeal – important factors
to be taken into consideration before grant of- what applicant
must show – whether applicant who elects to bring an application
to set aside judgment – can subsequently use same as a credible
excuse when applying for enlargement of time to appeal two years
after his application to set aside the judgment was dismissed –
finality of election to set aside judgment instead of appealing
Judgment – effect of refusal of application for enlargement of
time on applicant’s grounds of appeal. 448
Application for enlargement of time to appeal – order 3 rule
4 (1) and (2) of the court of appeal rules 2002.
Whether application for enlargement of time to appeal
granted at the discretion of the court.
Pre-conditions that must co-exist in application for enlargement
of time to appeal – exception – exception thereto
where appeal is on jurisdiction.
Duty on appellant who appeals against exercise
of discretion by a lower court.
Effect of a notice of withdrawal of appeal – decisions in ozomo v.
A.g. Bendel state (1986) 7 s.c. (pt. Ii) 186 and Edozien v.
Edozien (1993) 1 NWLR (pt. 272) 678 sc – distinguished.
Whether a striking out order is a decision on the merits. See:
Ikeakwu & ors. V. Nwamkpa (1966) vol.4 N.S.C.C. 83 86. 450
Conditions precedent to grant of application for enlargement of
time within which to appeal, discretionary powers of court to
grant, how must be exercised and attitude of appellate
court to, court of appeal rules, 2002, order 3,
rule 4 considered. 454
EVALUATION OF EVIDENCE BY TRIAL COURT
Proper approach of supreme court to evaluation
of evidence by trial court. 455
When an appellate court can evaluate evidence. 456, 457
EVIDENCE FORMING PART OF THE RECORD BEFORE
AN APPEAL COURT
Attitude of appellate court to evidence forming part
of the record before it. 457
INTERFERENCE WITH EXERCISE OF DISCRETION BY
THE APPEAL COURT
Attitude of appellate court to exercise of discretion by trial court. 458
FINAL JUDGMENT OF COURT
Right of appeal on any ground pursuant to section 241(1) (a)
of the 1999 constitution – whether right of appeal exist
where the time for appealing has expired. 458
What is required of an appellant intending to include an
interlocutory decision of court in the appeal against a
final judgment of the same court? 459
FINAL OR INTERLOCUTORY APPEAL
Tests for determining final or interlocutory appeal. 460
FINAL OR INTERLOCUTORY ORDER
Determination of whether order of court final or interlocutory. 461
FRAMING ISSUES FOR DETERMINATION
Power of court to reframe issues for determination
and purport of exercise of. 463
FOUNDATION OF AN APPEAL
Foundation of an appeal as laid down by order 3 rule
2(1) of the court of appeal rules, 2002. 463
GROUNDS FOR APPELLATE COURT TO ADMIT FRESH EVIDENCE ON APPEAL.
Duty of appellate court in application for leave to adduce
fresh evidence on appeal where evidence shows lack
of jurisdiction of trial court. 464
Grounds for appellate court to admit fresh evidence on appeal. 465
Whether document not tendered at trial due to inadvertence of
counsel can be tendered on appeal as fresh evidence. 465
FRESH ISSUE RAISED WITHOUT LEAVE OF COURT
Treatment of fresh issue raised without leave of court. 466
FRESH POINT ON APPEAL
Duty of appeal court. 466
Meaning of “fresh point or issue on appeal” and how to raise it. 467
FRIVOLOUS APPEALS
Meaning. 467
FUNCTUS OFFICIO
When the court of appeal becomes functus officio. 468
Whether the supreme court can review appeal heard on
abandoned notice of appeal. Section 22 of the supreme
court act – when the supreme court can invoke.
Whether can override the provisions of section
233 of the constitution. 468
GENERAL POWERS OF THE COURT OF APPEAL
Extent and scope of power of court of appeal under section
16 of the court of appeal act. 469
Extent of power of court of appeal in determining an appeal. 470
General powers of the court of appeal and when
the court may invoke same. 470
POWER OF THE COURT OF APPEAL UNDER SECTION
15 OF THE COURT OF APPEAL ACT
Power of the court of appeal under section 15
of the court of appeal act. 471
Powers of court of appeal under section 15 of court of appeal act. 471
Powers of court of appeal under section 15
of the court of appeal act, 2004. 472
Scope of power of court of appeal under section 15 of the
court of appeal act, 2004. 472
When court of appeal will exercise its power to rehear a suit
under section 15 of the court of appeal act, 2004. 473
GOVERNORSHIP ELECTION – APPEAL TO SUPREME COURT
Finality of decision of court of appeal in governorship
election petition matters. 473
Whether appeal lies from court of appeal to supreme court
in respect of governorship election petition. 474
Whether the supreme court can review appeal heard on
abandoned notice of appeal. Section 22 of the supreme
court act – when the supreme court can invoke.
Whether can override the provisions of section
233 of the constitution. 474
ORDER 3 RULE 4 COURT OF APPEAL RULES
Provision of order 3 rule 4 of the court of appeal rules, 2002. 475
ORDER 6 RULE 4 COURT OF APPEAL RULES 2007
Provision of order 6 rules 2(1), 4 and 6 of the
court of appeal rules, 2007. 475
Purport of order 6 rule 4 of the court of appeal rules, 2007. 476
ORDER 6, RULE 10 OF THE COURT OF APPEAL RULES, 2002
Effect of appeal dismissed by court of appeal on the basis
of failure to file appellants brief under order 6, rule 10
of the court of appeal rules, 2002. 476
ORDER 7 RULE 10 (1) OF THE COURT OF
APPEAL RULES, 2007
Provision of order 7 rule 10 (1) of the court of appeal rules, 2007. 477
Purport of order 7 rule 10 of the court of appeal rules, 2007. 477
ORDER 7 RULES (1) AND (2) COURT OF APPEAL RULES
Whether the grant or refusal of the application based on order
7 rule 10 (1) & (2) is entirely left at the discretion of the
court before which the application is filed. 478
ORDER 8 RULE 2 OF THE SUPREME COURT RULES
Provision of order 8 rule 2 of the supreme court rules. 478
ORDER 8, RULE 2(1) OF THE COURT OF APPEAL RULES, 2002
Nature of an appeal. 479
ORDER 9 RULE 1 COURT OF APPEAL RULES 2007
Provision of order 9 rule 1 of the court of appeal rules, 2007. 479
ORDER 9 RULE 2 OF THE COURT OF
APPEAL RULES, 2007
Provision of order 9 rule 2 of the court of appeal rules, 2007. 480
INTERLOCUTORY APPEALS
Attitude of appellate court to pursuit of interlocutory appeal. 480
Attitude of supreme court to issues raised in
an interlocutory appeal. 480
Determinant of validity of ground of interlocutory
appeal filed without leave. 481
Determination of whether court of appeal can at interlocutory
stage pronounce on the substantive claims. 481
INTERLOCUTORY APPLICATIONS
Hearing of application – whether court can therein decide on
substantive issues pending at trial or appellate court – need
for parties to concentrate on getting appeal heard instead
of indulging in endless interlocutory applications. 482
Power of court of appeal to extract an undertaking as to damages
from applicant for an order of interlocutory injunction. 484
ISSUES FOR DETERMINATION
Attitude of the supreme court to proliferation
of issue for determination. 484
Attributes of issues for determination. 485
Basis on which appeals are argued in appellate courts, what
issues for determination and grounds of appeals are and
effect of resolution of issue for determination. 485
Bindingness of court and parties by issues for determination. 486
Bindingness of parties and court of appeal by issues
formulated for determination. 487
Competence of issue for determination which does not
arise from any of the grounds of appeal. 487
Consequences of not tying issues for determination of
an appeal to the ground of appeal filed. 488
Content and basis of issues for determination and need
to canvass argument on issues of determination
and not on grounds of appeal. 488
Court can re-formulate issues for determination. 488
Court framing issues for determination suo moto. 489
Determination of appeal on issues for determination and legal
consequences of not formulating issue from ground of
appeal or proffering argument on issues formulated. 489
Effect of an application for withdrawal of a suit after parties
have settled issues for determination therein. 489
Effect when no issues are formulated from grounds of appeal. 491
Effect where issue for determination not founded
on ground of appeal. 491
Formulation of issues for determination.
Whether desirable to formulate an issue composed
of more than one question.
Whether appropriate to present private opinion as to what
the court did or did not do as established fact.
whether need for proliferation of issues for determination. 492
Impropriety of proliferating issues for determination. 492, 493
Impropriety of proliferation of issues for determination. 494
Impropriety of proliferation of issues for determination and need
for issue for determination to derive from ground of appeal. 494
Propriety of appeal court prefering issues formulated by a
party or suo motu formulating its own issues(s). 495
Purport of issue for determination and powers
of court to reformulate. 495
Mandatoriness of formulating issues for determination from
a competent ground of appeal. 496
Mandatoriness of formulating issues for determination
from grounds of appeal. 497
Need for court to exercise restraint in framing
issues for determination. 497
Need for issues for determination to arise from grounds
of appeal filed – effect of failure of issues to meet
the legal requirement. 498
Need for issues for determination to be derived
from grounds of appeal. 498
Power of court to formulate issues for determination
of an appeal before it. 499
Presumption arising from formulating a sole issue from
several grounds of appeal. 499
Presumption that applies when a sole issue is formulated from
several grounds of appeal and whether the appellant’s sole
issue in the instant case is competent. 499
Primary concern of appellant when formulating
issues for determination. 500
Treatment of argument canvassed on issue for determination
not founded on a ground of appeal. 500
Treatment of argument on competent and incompetent
issues argued together. 501
Treatment of arguments canvassed outside issues for
determination and grounds of appeal. 501
Treatment of issues for determination not derived
from grounds of appeal. 501
Whether an appellate court has the power to reformulate
issues for determination. 502
Whether court can reformulate issues for determination where the
issues distilled by parties are clumsy, imprecise or proliferated. 502
Whether court bound to pronounce on all the issues –
circumstances when it may be unnecessary to pronounce
on all the issues submitted for determination. 503
Whether issues for determination proper where overlapping –
whether need to avoid sentences more than three to four lines. 505
Whether power in appellate court to adopt or formulate issues
suo motu where such issues arise from valid grounds of appeal
and adequately address the real grievance in the appeal. 505
INTERFERENCE WITH EVALUATION OF EVIDENCE
Duty on trial court to evaluate evidence and when appellate
court will interfere therewith. 506
Duty of trial court in evaluation of evidence and when
appellate court would interfere therewith. 507
Role of trial court in evaluation of evidence and when
appellate court can intervene to re-evaluate. 508
When appellate court will not interfere with evaluation
of evidence by trial court. 508
When appellate court will interfere with evaluation of evidence
and findings of fact by trial court. 509
INTERFERENCE WITH EVALUATION OF
EVIDENCE BY TRIAL COURT
When appellate court will interfere with evaluation
of evidence by trial court. 510
INTERFERENCE WITH EXECERCISE OF DISCRETION
Attitude of appellate court to exercise of discretion by trial court. 510
Meaning of discretion and attitude of appellate
court to exercise of. 511
When appellate court would interfere with exercise of
discretion by trial court. 511
INTERFERENCE WITH FINDING OF FACT
BY THE TRIAL COURT
Attitude of the appellate court to finding of fact by the trial court. 512
Attitude of appellate court to findings of fact by trial court and
when it will interfere therewith. 513
Attitude of appellate court to findings of fact by trial court. 514
INTERFERENCE WITH EXERCICE OF DISCRETION
BY LOWER COURT
Attitude of appellate court to exercise of
discretion by lower court. 515
Attitude of appellate court to exercise of
discretion by trial court. 515
LEAVE REQUIRED TO APPEAL- EXERCISE OF
DISCRETION OF A JUDGE
Whether leave is required to appeal where the exercise
of discretion by a judge is questioned. 516
LEAVE TO ADDUCE ADDITIONAL EVIDENCE ON APPEAL
Whether leave to adduce additional evidence on appeal before
the supreme court granted as a matter of course.
Guiding principles in determining whether or not to grant leave.
Duty on court to exercise power to grant sparingly and with
caution – duty on court to consider whether there are special
circumstances to warrant grant – order 2 rule 12(1)(2) of the
supreme court rules (as amended) considered. 517
LEAVE TO ADDUCE FRESH, FURTHER EVIDENCE ON APPEAL
Application for leave to adduce fresh, further or additional
evidence before the court of appeal pursuant to order 4
rule 2 court of appeal rules, 2011 – exercise of discretion
thereby by court of appeal – guiding principles
in determining the application. 519
Guiding principles in determining the application for leave to
adduce fresh, further or additional evidence before the court
of appeal pursuant to order 4 rule 2 court of appeal rules, 2011. 521
LEAVE TO APPEAL
Appeal with leave pursuant to section 233(3)
of the 1999 constitution.
Need for applicant to seek and obtain leave before an appeal
on grounds of mixed law and fact or on facts pursuant to
section 233(3) of the 1999 constitution – effect of
failure to obtain leave. 523
Application for – grant or refusal of – what is to be considered
within the context of the application. 524
Application for leave to appeal. 525
Burden of proof on party applying for leave to appeal out of time. 526
Consequence of failure to obtain leave where leave is required. 526
Distinction between leave to appeal and leave to
amend grounds of appeal. 527
Documents required to be attached to application
for leave to appeal. 527
Duty of applicant. 527
Duty on an interested party in an appeal to seek leave
and rationale for seeking leave. 528
Effect of failure to obtain leave of court when it is
required for an appeal. 528
Effect of failure to obtain leave to appeal where leave is required. 529
Effect of failure to obtain leave to appeal where required. 529
Effect when leave is not sought as required – section 233(3)
of the constitution of the federal republic of nigeria, 1999. 530
Extent of power of the supreme court to grant leave to appeal. 530
How the court determines when leave to appeal is
required. Section 233(3) of the constitution of the
federal republic of nigeria, 1999 considered. 530
Issue of jurisdiction raised on appeal for the first time
without leave – whether competent. 531
Jurisdiction of supreme court to grant leave to appeal from
decision of court of appeal. 531
Leave to appeal as an interested party. 532
Meaning of “leave” and effect of failure to
obtain leave when required. 534
Nature of interest that will justify a grant of application for
leave to appeal as interested party. 534
Need for leave of court to appeal to the supreme court
on grounds of mixed law and fact. 535
Need for leave to appeal against costs. 535
Need to obtain leave to appeal against consent judgment. 535
Requirement of leave to appeal from court of appeal to the
supreme court on ground of facts and mixed law and
facts and effect of failure to obtain same. 536
Resultant effect of failure to obtain mandatory leave of court
to appeal on grounds of mixed law and facts or facts alone,
constitution of the federal republic of nigeria, 1999,
section 233(3) considered. 536
When leave required to appeal against interlocutory decision
of high court and when not required. 537
Whether open to a litigant who had previously litigated an
issue unsuccessfully on the merit so as to have a second
attempt to re-litigate the same matter through the suit of
another aggrieved party – finality of the decision of the
supreme court in gubernatorial election. 538
LEAVE TO FILE APPEAL
When leave of court is mandatory to file grounds of appeal,
where needless and effect of failure to obtain where required. 540
MEANING OF APPEAL
Meaning of “appeal” 541
Meaning of appeal, judicial review and remedies available
under judicial review. 541
Meaning of appellant – section 30 of the court of appeal act.
Whether the court of appeal may depart from its rules. See:
order 19 rules 2 and 3 (1) and (2) court of appeal rules, 2002. 542
What appeal is, whether mandatoriness of being based on a
valid complaint against ratio decidendi of judgment being
appealed against and effect of failure to base on. 543
MISDIRECTION
What misdirection connotes. 543
Whether every misdirection or error in a judgment
will justify a reversal. 544
Whether every error in a court is judgment will result
in the appeal against it being allowed. 544
Whether every error or mistake in a judgment will automatically
result in an appeal against it being allowed. 545
Whether every mistake or error in judgment will result
in appeal being allowed. 545
Whether every mistake will result in an appeal being allowed. 545
MISTAKE OR SLIP
When a slip will be relevant. 546
MIXED LAW AND FACT
Effect of failure to seek leave where a ground of appeal is
of mixed law and fact. 546
NATIONAL AND STATE HOUSE OF ASSEMBLY TRIBUNAL
Whether need of seeking the leave of court in appealing the
decision of a national and state house of assembly tribunal
at the court of appeal. 547
NATURE AND NOTICE OF APPEAL
Nature of appeal and what notice of appeal should contain. 547
NATURE OF APPEAL
Appeal as continuation of original suit impropriety of party
setting up a case different from one made at trial. 548
Appeal must be against the ratio decidendi of a decision. 549
Nature of appeals. 549
Nature of appeals filed to the court of appeal, order 6, and rule
2(1) of court of appeal rules, 2007 (order 3, rule 2(1), court
of appeal rules, 2002) considered. 549
What is an appeal. 550
Whether an appeal constitutes a fresh suit or action. 550
Whether an appeal is a continuation of the case at the trial court. 550
Whether an appeal is a continuation of the original action. 551
Whether an appeal is a rehearing or review of the decision
of a court of first instance. 551
Whether an appeal is essentially a re-hearing. 552
Whether an appeal is the inception of a new case. 552
Whether an appeal court can evaluate documentary evidence. 552
NATURE OF HEARING BEFORE AN APPELLATE COURT
Duty on appellate court thereby. 553
Allegation of non-compliance with procedural.
Requirements – whether appellants can be heard to complain
of same having acquiesced therein and where the supreme
court found that the alleged procedure adopted
by trial court was appropriate. 553
NOTICE OF APPEAL
Amended notice of appeal whether a new appeal. 554
Exercise of right of appeal – as of right or with leave of court –
pursuant to section 233(2) and (3) of the 1999
constitution respectively.
Effect of failure to obtain leave to appeal where leave is required –
whether appellant’s complaints about; its being denied right to
fair hearing, the lower court’s misdirection of itself; and the
lower court’s lack of jurisdiction constitute grounds of law not
requiring leave of court.
Effect of incompetent grounds of appeal on appellant’s
notice of appeal, record of appeal and brief of
argument founded thereon. 555
Ingredient of a valid notice of appeal. 556
Legal consequence of a defective notice of appeal. 557
Nature and requirement of notice of appeal. 557
Nature of a notice of appeal and effect of defect therein. 557
Nature of notice of appeal and effect of defect in. 558
Need for judgment to have been delivered before notice of
appeal in respect of could be filed and legal status of notice
of appeal filed before the judgment is delivered. 558
Need for notice of appeal to be concise. 560
Propriety of party filing more than one notice of appeal. 561
Requirement of signature on a notice of appeal as provided
under order 4 rule 4(1) of the court of appeal rules, 2002
and whether the appellant’s representative or solicitor can
sign the notice of appeal on his behalf. 561
What notice of appeal must contain. 562
When a notice of appeal is amended. 562
Whether an appellant can file two notices of appeal at the same
time. See: Tukur v. Govt. Of GongolaSstate (1988) 1 s.c. 56. 563
Whether every appeal should be initiated through notice of
appeal – whether defect renders appeal incompetent. See:
adenekan v. Ecu-line Nv (2006) 5 s.c. (pt. Ii) 32. 564
NOTICE OF APPEAL SIGNED BY A LAW FIRM
Consideration of a notice of appeal signed by a firm of legal
practitioner, oluwole aluko & co. In the instant case and attitude
of court to an objection raising same – Cole v. Martins. (1968)
1 ALL NLR 161. Followed. 565
Proper way for legal practitioner to sign notice of appeal
or other originating processes.
Effect of improper signature by legal practitioner of notice
of appeal or other originating processes. 566
Validity of omnibus ground in civil appeal that decision
is unreasoable, unwarranted and cannot be supported
by weight of evidence. 567
What an omnibus ground of appeal is. 568
Whether a notice of appeal signed by a law firm is competent. 568
Whether a notice of appeal signed by a law firm is valid. 578
Whether a private legal practitioner appointed to prosecute
a matter can validly sign a notice of appeal therein. 582
Whether amended notice of appeal translates
into new notice of appeal. 583
Whether an accused person must sign his notice of appeal
personally, whether exceptions – order 17 rule 4(1) of the
court of appeal rules, 2011 – see: Umar Chain v. Gombe
Native Authority (1964) NNLR 94 – decision in ikpasa v. A.g.,
Bendel (1981) 9 s.c. (reprint) 7 at 30-31 – considered –
distinguished. 583
Whether appropriate for counsel to sign notice of appeal on
behalf of the appellant – effect of non-compliance – exception
thereto – the decision in ikpasa v. A.g. Bendel State
(1981) 9 s.c. 7 – distinguished. 587
Whether filing of multiple notices of appeal renders
appeal incompetent. 588
Whether in elegantly drafted notice of appeal will prevent
the court from hearing an appeal. 588
Who can file notice of appeal or application for leave to appeal. 589
Who can sign and file a notice of appeal. 590
POWER UNDER S. 16 COURT OF APPEAL ACT
Extent of power of court of appeal under section 16
of the court of appeal act. 590
Power of court of appeal to order stay of execution. 591
S. 16 Court of Appeal Act is interpreted. 591
POWERS PURSUANT TO SECTION 15 OF THE
COURT OF APPEAL ACT, CAP. C.36, 2004
Whether negatives the power of the court of appeal to invoke
its powers pursuant to section 15 of the court of appeal
act, cap. C.36, 2004. 592
POWER OF COURT OF APPEAL
Statutory power of court of appeal to make findings of
facts based on evidence; order 1, rule 19(3) of the
court of appeal rules. 593
Whether by virtue of order 4 rule 5 of the court, the power of
court of appeal in respect of an appeal shall be restricted by
reason of any interlocutory order from which there
has been no appeal. 593
PRELIMINARY OBJECTION
Consequence of a party not moving his preliminary objection
on the day he adopts his brief whether appropriate to
incorporate arguments on preliminary objection
in brief of argument. 593
Effect of success or dismissal of preliminary objection to appeal. 594
How a preliminary objection is raised at the court of appeal. Order
10, rule 1 of the court of appeal rules, 2007. 595
How an objection can be raised. 595
How notice of preliminary objection may be given and moved. 597
How preliminary objection is raised at the court of appeal. 597
How preliminary objection is raised on appeal.
Whether duty on court to dispose first the preliminary
objection before considering the main appeal. 598
How to raise preliminary objection at the court of appeal. 598
How to raise preliminary objection in appeal. 598
How to raise preliminary objection in court of appeal. 599
How to raise preliminary objection to an appeal. 599, 600
How to raise preliminary objection to competence of an appeal. 600
How to raise preliminary objection to competence of grounds
of appeal in the supreme court. 601
Impropriety of framing a preliminary objection to an appeal
into an issue for determination. 601
Lack of power of court of appeal to relist appeal dismissed for
want of diligent prosecution and remedy available to party
aggrieved thereby, court of appeal rules, 2007, order
17, rule 10 considered. 602
Need and reason for court to first consider and
determine a preliminary objection to appeal. 604
Need for appeal court to first consider preliminary
objection when raised. 604
Need for court to consider first – when it is proper
to file a preliminary objection.
sole purpose of a preliminary objection – whether it is proper
for respondent to file preliminary objection once he notices
any error in the appellant’s processes.
Proper procedure where respondent complains of the
competency of a ground of appeal.
Whether proper for preliminary objection to be filed against
one or more grounds of appeal. 605
Need for preliminary objection to be clear and precise. 605
Need for respondent to move and argue his preliminary
objection before the hearing of appeal. 60
Object of order 2 rule 28(1) supreme court rules, 1999 (as
amended) – whether a party may appeal against the judgment
of a trial court directly to the supreme court – the decision in
Oduntan v. Akibu (2000) 7 s.c. (pt. Ii) 106 and kwaja ora v.
Bank of the North (2000) 5 s.c. (pt.i) 103 – reaffirmed. 606
Procedure for raising preliminary objection to an appeal
at the court of appeal. 608
Purpose of preliminary objection – when should be filed. See: Isah
v. INEC (2014) 1-2 s.c. (pt. Iv) 101 – whether appropriate to
raise preliminary objection in brief of argument – instead of
filing preliminary objection – where an appellant refuses to
respond to a preliminary objection by a respondent – effect
– time limit for an appellant to file his reply brief see: order
2 rule 9 of the supreme court rules – where a ground of
appeal is vague or general – whether liable to be struck out. 608
Preliminary objection pursuant to order 2 rule 9 of the supreme
court rules, 1999 – whether preliminary objection ought to be
filed where there are other grounds that can sustain the appeal –
appropriate course of action available to respondent thereby. 610
Requirement of order 3 rule 15 (1) court of appeal rules 2002. 610
What constitutes preliminary objection, who may raise, purport of,
propriety of determining firstly and effect of where upheld. 611
PURPOSE OF AN APPEAL
Nature and purpose of an appeal. 612
RAISING A POINT NOT RAISED OR ARGUED
AT THE COURT BELOW
When an appellant may raise a point not raised
or argued at the court below. 612
RAISING AN ISSUE SUO MOTU
Whether the court of appeal has jurisdiction to suo motu raise any
issue and determine same after hearing parties to the appeal if
doing so will resolve the real question in controversy in the
appeal – order 4 rule 4 and order 6 rule 5 of the court
of appeal rules 2011.
Effect where court raises an issue suo motu
without hearing the parties. 613
When issues said to be raised suo motu on appeal. 614
RAISING FRESH ISSUES ON APPEAL
Attitude of the supreme court to raising fresh issues on appeal.
Whether points of law not agitated at the trial court may be
allowed on appeal. – A.I.C. Ltd. V. NNPC (2005) 15 s. C. (pt. II) 60.
Whether raising fresh issues on appeal opportunity to present a
new case or defence – decision in Ejiofodomi v. Okonkwo
(1982) 11 s.c. (reprint) considered. 614
Rules governing raising fresh point on appeal. 615
Whether fresh issue on appeal can be raised
without leave of court. 616
RECEPTION OF EVIDENCE ON APPEAL
Principles governing reception of evidence on appeal. 617
RECORD OF APPEAL
Attitude of court to missing evidence from the record of appeal. 618
Departure from the rules of court in compiling and transmitting
records of appeal. 618
Discretionary power of supreme court to grant application for
extension of time to compile record of appeal and what
applicant for must establish to succeed, supreme court
rules, order 2, rule 31 considered. 619
Duty of court not to act outside record of appeal
placed before same. 619
Duty on appellate court not to hear appeal on an
incomplete record of appeal. 620
Duty on registrar of high court in civil appeals to compile
and transmit the record of appeal to the court of appeal-
order 3 rule 8 court of appeal rules 2002-exception
to the rule. 620
Duty on trial court to compile and transmit complete record
of appeal to court of appeal and what it must contain. 621
Duty on trial court to transmit the record of appeal to the
court of appeal order 3, rules 13 and 21(5) court
of appeal rules, 2002. 621
Need for record of appeal to be tidy, complete
and properly paginated. 622
Need to transmit correct and decent record of
appeal to appellate courts. 623
Principles to be adopted by appellate courts in interpreting
the records of proceedings of a native or customary court. 623
Procedure for amendment of records of appeal. 625
Propriety of court relying on contents of its record. 625
Whether the court of appeal is bound by the record of appeal. 625
Whom lies duty to ensure complete record of appeal. 626
RELISTING APPEAL STRUCK OUT
Onus on applicant for relisting appeal struck out. 626
Source of power of court of appeal to relist an appeal struck out. 626
What court of appeal entertaining an application for
re listing a struck out appeal must do. 627
When appeal dismissed or struck out may
be re-listed or re-entered. 627
When supreme court may strike out an appeal for want of
prosecution and, when may be relisted, supreme court
rules, order 6, rule 9 considered. 628
REMOVAL PROCEEDINGS- ORDER REMITTING
A CASE BACK TO THE TRIAL COURT
By the court appeal for determination-when
unnecessary to make. 628
REPLY BRIEF
Content of – what it should be. 630
Contents of a reply brief. 631
Contents of a reply brief and when necessary. 631
Duty on appellant to file a reply brief before being heard
on issues raised in the respondent’s brief. 632
Effect of failure of respondent to file a reply brief. 632
Effect of failure to file reply brief to a point of law raised
in the respondent’s brief. 632
Function of – whether appropriate to merely be a mere rehash
of argument in the appellant’s brief of argument. 632
Function of a reply brief. 633, 634
Limits of a reply brief. 634
Need for reply brief to be concise, desirability of filing and
legal consequence of failure to file. 634
Period within appellant may file reply brief. 635
Principles of provision of order 6 rules of court of appeal rules. 635
Purport of reply brief. 636
Purpose and scope of reply brief. 636
Purpose for a reply briefs. 637
Purpose of a reply brief. 637
Purpose of a reply brief and effect of failure to file a reply brief. 637
Purpose of reply belief. 638, 639
Purpose of the provision of the rules guiding reply brief. 639
When necessary to file reply brief – the decision in Longe v.
First bank of Nig. Plc. (2010) 2-3 s.c. 61 – followed – duty
on respondent/cross-appellant and appellant/cross-respondent –
in relation to filing of briefs of argument. 640
Whether reply brief a forum for emphasizing new
arguments in the appellant’s.
Brief or new and better briefs or repeating arguments.
Attitude of the court inelegantly drafted issues. 641
RESPONDENT
Traditional role of a respondent to an appeal. 641
RESPONDENT’S BRIEF
Effect of failure to file a respondent’s brief. 642
Time within which to file respondent’s brief and
what it must contain. 642
Traditional role of filing respondent’s brief – inappropriateness
of appealing separately against the decision of the court. 643
Two broad functions of a respondent’s brief. 643
What a respondent’s brief should contain. 643
When to file file respondents brief at the court of appeal. 644
RESPONDENT’S NOTICE
Distinction between a respondent’s notice and a cross-appeal. 644
Time limit for filing respondent’s notice. 645
RESPONDENT’S OBJECTION
What respondent’s objection in an appeal should be targeted at. 645
RETRIAL
Circumstances in which appellate court will order a retrial. 646
REVERSAL OF COURT JUDGEMENT
Whether every error or mistake of trial court will lead
to reversal of judgment appealed against. 646
Whether every error will lead to reversal of judgment. 647
Whether it is every error of court that will result into a reversal
of its judgment and whether in the instant case the error of the
lower court in referring to an abandoned notice of cross-appeal
vitiated its judgment. 647
REVIEW OF DECISION OF SUPREME COURT
Finality of decisions of supreme court, impropriety of review
of and when may be reviewed or set aside. 648
REVIVAL OF MOTION DISMISSED BY TRIAL COURT/TRIBUNAL
Whether court of appeal’s power under section 15 of court
of appeal act, 2007 can be invoked to revive a motion
dismissed by trial court/tribunal. 649
RIGHT OF APPEAL
Appeal from court of appeal to supreme court-as of right-
s. 233 (2) (a) and (d) 1999 constitution. 651
Appeal from court of appeal to the supreme court as of right. 651
Cases where appeal shall lie from decisions of the courts of
appeal as of right and with leave to the supreme court. 652
Courts cannot deny an appellant his right of appeal. 653
Exercise of right of appeal. 654
Nature of right of appeal and whether appeal lies from court
of appeal to supreme court in respect of governorship
election petition. 654
Nature of right of appeal from high court to court of appeal. 655
Need for right of appeal to emanate from the
constitution or other statute. 655
Right of appeal as an interested party. 655
Right of appeal as provided for under s. 246 (1)
(c) (ii) of the constitution. 656
The right to appeal can be lost where appellant takes
further step in the proceedings. 656
What an appeal is, constitutionality of how right of must
be exercised and filing of notice of as necessary
prerequisite to hearing of. 657
RIGHT OF APPEAL
Whether execution of judgment deprives an appellant
of his constitutional right to appeal. 657
RULE UNDER WHICH AN APPLICATION IS MADE
Effect of failure to state the law or rule under
which an application is made. 657
RULES OF BRIEF WRITING
Principle of law particularly with regards to rules on brief writing. 658
RULES OF COURT
Duty on appellant to comply with rules of court when pursing
interlocutory appeal along with substantive appeal. 659
Effect of disobeying rules of court. 659
Need for court of appeal to obey rules of court and not to
embark on a voyage of its own either by discovery
or merely abstruseness. 659
Whether the supreme court can review appeal heard on
abandoned notice of appeal. Section 22 of the supreme
court act – when the supreme court can invoke.
Whether can override the provisions of section
233 of the constitution. 660