Some Fundamentals On Appeals In Nigeria

Some Fundamentals On Appeals In Nigeria

By S.T. Afolabi Esq.

One of the beauty of the legal profession in Nigeria which litigants also enjoy is the right to appeal the decision of a lower court to a higher court. In other words, a litigant or person who is dissatisfied with the judgment or rulling of the court of first instance constitutionally has the right to appeal such decision or rulling. Appeals may either be of right or by leave of court. SEE CHAPTER 7 OF THE 1999 CONSTITUTION AS AMENDED.

It need be mentioned that there are basically two parties in any appeal matter which comes before the court. The Appellant (the person who is dissatisfied) on the one hand, and the Respondent (a person against whom an appeal is brought).

Just like any other court proceedings, there are laid down procedural laws that regulate appeal proceedings before our Courts in Nigeria which all parties thereto must abide with, failing of which may prejudice such party.

One of such is time limit for filling Appellant’s brief of argument which must be 45 days upon receipt of record of proceedings from lower court. Where the appellant fails to file his appeal within time, it is likened to abandonment of appeal. SEE ORDER 17(2) OF THE COURT OF APPEAL RULES(2007).

The respondent is not left out as well. Where the respondent fails to file his brief, he will not be heard in oral argument.

Where the appellant fails to file his reply brief, he will be deemed to have conceded all new points raised in the Respondent’s brief.

MY AUTHORITIES:

1. MR. MICHAEL TEJUOSHO vs. OLUSEGUN FAROMBI & 1 OR. [2022] 9 NWLR (Pt. 1835) pp. 209-210

2. 1999 CONSTITUTION AS AMENDED.

3.COURT OF APPEAL RULES (2007)

****************************************************************************************

This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

DISCLAIMER:

This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.

PROJECTS:

🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org

🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6

KEEP IN TOUCH:

Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 6

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw

Email: lisa@sabilaw.org

Website: www.SabiLaw.org

ABOUT US & OUR PARTNERS:

This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.

DONATION & SPONSORSHIP:

As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.

**********************************************************************************

Sabi Law

Leave a Reply Cancel reply

You must be logged in to post a comment.

Merger And Acquisition: The Concept of Anti-Merger in Nigeria, A Comparative Analysis.

Merger And Acquisition: The Concept of Anti-Merger in Nigeria, A Comparative Analysis. By Abdulkadir Ahmed DL, LL. B, BL (in view) ACIArb (UK) AIIIBF[1] Merger

The Error of Raising Preliminary Objections as Issues for Determination on Appeal

The Error of Raising Preliminary Objections as Issues for Determination on Appeal By Ikechukwu James Orji LLB., BL., ACArb.[i] Introduction Appeals are constitutional right given

Does Islamic Law of Contract Recognizes Electronic Agency?

Does Islamic Law of Contract Recognizes Electronic Agency? By AbdulGaniy Adisa Jimoh ABSTRACT Without any modicum of doubt, the modern Muslim jurists acknowledge the fact

Supreme Court Rules, 2024

Supreme Court Rules, 2024 Click to download the Supreme-Court-Rules-2024 The Supreme Court Rules were made on the 1st day of August, 2024. The Rules repealed

Legal Awareness: Untapped Opportunities for Lawyers and Law Students

Legal Awareness: Untapped Opportunities for Lawyers and Law Students. Legal awareness, also known as Public Legal Education, is crucial for empowering individuals and communities to

Justice Kudirat Kekere-Ekun’s Appointment as the Chief Justice of Nigeria: A Milestone for Judicial Excellence, Gender Diversity, and Legal Integrity

Justice Kudirat Kekere-Ekun’s Appointment as the Chief Justice of Nigeria: A Milestone for Judicial Excellence, Gender Diversity, and Legal Integrity. By SAHEED HOSSEIN, ESQ The

GTB V. Tafida & Anor

GTB V. TAFIDA & ANOR (2021) LPELR-56131(CA) GUARANTY TRUST BANK PLC v. ENGR. MUSA BAMANGA TAFIDA & ANOR (2021) LPELR-56131(CA) In

The Sanctity of Fair-Hearing in Adjudication Process in Nigeria; and the Consequence of Its Disregard.

The Sanctity of Fair-Hearing in Adjudication Process in Nigeria; and the Consequence of Its Disregard. By Akilu Sa’ad INTRODUCTION: fair hearing is an inviolable

Medical Negligence in Nigeria: Illegal or Unethical

Medical Negligence in Nigeria: Illegal or Unethical By Similoluwa Awe Abstract In a morally inclined society like Nigeria, the definition of what is wrong and

Ensuring Fairness in Electricity Disconnection: Legal Frameworks and Consumer Rights in Nigeria’s Electricity Services.

Ensuring Fairness in Electricity Disconnection: Legal Frameworks and Consumer Rights in Nigeria’s Electricity Services. By Abdulrasheed Mubarak Introduction The electricity services law, particularly regarding consumer

Enugu State Independent Electoral Commission (ENSIEC) Guidelines For Local Government Council Elections, 2024

Enugu State Independent Electoral Commission (ENSIEC) Guidelines For Local Government Council Elections, 2024. Click to download the Enugu State Independent Electoral Commission (ENSIEC) Guidelines For

Federal High Court (Practice Directions on E-Affidavits), 2024

Federal High Court (Practice Directions on E-Affidavits), 2024 Click to download the Federal High Court (Practice Directions on E-Affidavits), 2024 The Federal High Court (Practice

The Legal and Political Implications of Unconstitutional Impeachment in Nigeria.

The Legal and Political Implications of Unconstitutional Impeachment in Nigeria. By Akanmu Jamiu Abstract One of the interpretations given to the concept of the rule

Surrogacy and Reproductive Right: Navigating the Legal and Ethical Dimensions of Assisted Reproduction

Surrogacy and Reproductive Right: Navigating the Legal and Ethical Dimensions of Assisted Reproduction By Oguichen Gwungmijana Festus INTRODUCTION Are children not the greatest gift of

Mutilation of Currency Notes in Nigeria: What is Position of the Law?

Mutilation of Currency Notes in Nigeria: What is Position of the Law? By Sani Abdullahi INTRODUCTION Some months ago, a series of clips started to

Objection, Your Honor; Rudiments of Trial: A Guide for Law Students.

Objection, Your Honor; Rudiments of Trial: A Guide for Law Students. By Kuatsea Shagbaor Joseph Abstract In today’s law students’ community, there is a concept

Beginner’s Guide: Understanding the Concept of Third-Party Funding

Beginner’s Guide: Understanding the Concept of Third-Party Funding. By Fathia Adetola. Introduction International arbitration emerged due to the inadequacy of several states’ arbitration laws in

Sample of Questions for Examination in Chief of a Witness

Questions for Examination in Chief of Witness

Questions for Examination in Chief of Witness. Daily Law Tips (Tip 828) By Onyekachi Umah, Esq., LL.M, MCIArb(UK) Witnesses in a trial are examined to enable

Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024

Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024 Click to download the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024 This is an Act to amend Cybercrimes

The Repugnancy Doctrine and Customary Laws in Nigeria; Analyzing Nigeria Customary Laws through the Lenses of Africanism

The Repugnancy Doctrine and Customary Laws in Nigeria; Analyzing Nigeria Customary Laws through the Lenses of Africanism By Kuatsea Shagbaor Joseph ABSTRACT: Nigeria is

Nigeria Customs Service Act, 2023

Nigeria Customs Service Act, 2023 Click to download the Nigeria Customs Services Act, 2023 This is an Act that repealed the Customs and Excise Management

Revenue Mobilization, Allocation and Fiscal Commission Act, 1989

Revenue Mobilization, Allocation and Fiscal Commission Act, 1989 Click to download the Revenue Mobilization, Allocation and Fiscal Commission Act. 1989 This is an Act that

The Problem of Legal Technicalities and the Demand for Justice; Layman’s Perception of Technically Decided Cases

The Problem of Legal Technicalities and the Demand for Justice; Layman’s Perception of Technically Decided Cases By Amb Shuaibu Bashir Mukaddam Abstract This article

**************************************************************************************** This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento. DISCLAIMER: This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners. PROJECTS: Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org Publish your legal articles for FREE by sending to: eve@sabilaw.org Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 5 KEEP IN TOUCH: Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via: YouTube: SabiLaw Twitter: @Sabi_Law Facebook page: SabiLaw Instagram: @SabiLaw.org_ WhatsApp Group: Free Daily Law Tips Group 5 Telegram Group: Free Daily Law Tips Group Facebook group: SabiLaw Email: lisa@sabilaw.org Website: www.SabiLaw.org ABOUT US & OUR PARTNERS: This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010. DONATION & SPONSORSHIP: As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200. ***********************************************************************************

Expatriate Employment Levy Handbook

Expatriate Employment Levy Handbook Click to download the Expatriate Employment Levy Handbook The Expatriate Employment Levy (EEL) is a government-mandated contribution imposed on employers who

Legal Survey on the Reoccurring Communal Clashes in Afo/Ajiri Land of Nasarawa State.

Legal Survey on the Reoccurring Communal Clashes in Afo/Ajiri Land of Nasarawa State. By Ogu Ibrahim Ogelebe Kolu INTRODUCTION Nigeria is a country that is

Review of the Oronsaye Committee Report and the Federal Government White Paper

Review of the Oronsaye Committee Report and the Federal Government White Paper. Click to download the Review of the the Oronsaye Committee Report and the

Price Control Act

Price Control Act, 1977 Click the link to download the Price Control Act, 1977. The Price Control Act was passed into law on 1st January

Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019.

Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019. Click to download the Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019. This

It Amounts to Miscarriage of Justice or a Court of Law to Grant a Restraining Order against Economic and Financial Crimes Commission (EFCC) or Any Law Enforcement Agency as the Courts are Bereft of Power to do so.

It Amounts to Miscarriage of Justice or a Court of Law to Grant a Restraining Order against Economic and Financial Crimes Commission (EFCC) or Any

A Re-Examination of the Local Content Act in Nigeria’s Survival During the Covid-19 Pandemic; Accessing the Economic Downturn and the Relevance of the Local Content Act

A Re-Examination of the Local Content Act in Nigeria’s Survival During the Covid-19 Pandemic; Accessing the Economic Downturn and the Relevance of the Local Content

Some Fundamentals On Appeals In Nigeria

Sabi Law

Leave a Reply Cancel reply

Related Posts

Subscribe to our Newsletter

© Copyright 2009 - 2024 SabiLaw Group. All Rights Reserved.

Contact Support

LOGIN