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)

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Some Fundamentals On Appeals In Nigeria

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