Rules of court · 2021
Court of Appeal Rules 2021
Rules of procedure governing appeals and proceedings before the Court of Appeal.
- Reviewed
- Reviewed as current on October 8, 2026
- Source
- Court of Appeal (courtofappeal.gov.ng)
- Note
- This reference is provided for convenience. Always confirm against the official gazette before relying on it.
ORDER 1 - GENERAL
Order 1 Rule 1. Short Title
These Rules may be cited as the Court of Appeal Rules, 2021 and shall come into force on the 1st day of November, 2021.
Order 1 Rule 2. Repeal
The Court of Appeal Rules, 2016 is hereby repealed.
Order 1 Rule 3. Conflict with State Rules of Practice
The practice and procedure of the Court shall, subject to the Act, be as prescribed by these Rules notwithstanding any rule of practice to the contrary in any State of the Federation.
Order 1 Rule 4. Forms
The Forms set out in the First and Second Schedules to these Rules, or Forms as near thereto as circumstances permit, shall be used in all cases to which such Forms are applicable.
Order 1 Rule 5. Interpretation
In these Rules, unless it is otherwise expressly provided or required by the context—
“Act” means the Court of Appeal Act;
“ADR” means Alternative Dispute Resolution;
“Appeal” means the filing of Notice of Appeal, and includes an application for leave to appeal;
“Appellant” means any person who appeals from a decision of a Lower Court and includes a Legal Practitioner representing such a person in that behalf;
“Applicant” means any person who applies to the Court for an Order;
“Bailiff’ means a person authorised to serve court processes and carry out such other function(s) as the Court may, from time to time, assign to him. Also includes any Special Bailiff appointed by the Court ;
“CAADRC” means Court of Appeal Alternative Dispute Resolution Centre;
“CAADRP” means Court of Appeal Alternative Dispute Resolution Programme ;
“Cause” includes any action, suit or other proceedings between an Appellant and a Respondent or any Applicant and a Respondent;
“Chief Registrar” means the Chief Registrar of the
“Committee” means the Rules of Court Adv under these Rules;
“Constitution” means the Constitution of the Federal Republic of Nigeria, 1999 (as amended);
“Cost on full indemnity basis” means cost to indemnify a party for expenses reasonably incurred in an appeal up to the time of striking out or for dismissing an appeal or an application for lacking in merit;
“Court” means the Court of Appeal;
“Court sitting” includes the physical and virtual sitting of the Court;
“Decision” means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence, verdict, recommendation;
“Electronic devices” includes computers, e-readers, storage device, flash devices, input devices and output devices, audio-visual devices such similar devices used in the typing or production of the Record of Appeal;
“Eligible Institution” includes insurance companies, suretyship companies, banks or other financial institutions;
“Indigent person” means a person whose annual income is less than the annual wage of persons in Grade Level 01 in the civil service of the Federation;
“Judgment” includes a decision or an order;
“Justice” means Justice of the Court of Appeal, including the President;
“Legal representative” means a person admitted to practise in the Supreme Court who has been retained by or assigned to a party to represent him in the proceedings before the Court;
“Lower Court means the court from which an appeal is brought;
“Out of the jurisdiction of the Court” means outside the territory of the Federal Republic of Nigeria;
“President” means the President of the Court of Appeal;
“Presiding Justice” means any Justice of the Court of Appeal duly nee by the President to take charge of a Judicial Division of the Court;
“Record" means anything or process-
(a)on or by which information is recorded or stored by the Court; or
(b)by means of which a meaning can be conveyed by any means in a visible or recoverable form, whether or not the use or assistance of some digital, electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning:
Registrar” means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Registrar of the Court or any other officer of the Court (by whatever tide called) exercising functions analogous to those of a Registrar of the Court;
“Registrar of the Lower Court” means the Chief Registrar or other administrative staff (howsoever called) of the Lower Court;
“Registry” means the Registry of the Court of Appeal at its Headquarters or any of the Divisions of the Court;
“Respondent” in a civil appeal means, any party (other than the Appellant or Applicant) directly affected by the appeal or application; and in a criminal appeal, means the person who undertakes the defence of the judgment appealed against and includes a Legal Practitioner representing such a person in the proceedings before the Court;
“Rules” means these Rules or any amendment thereto or any other additional Rules made under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and includes the Fees and Forms as contained in the Schedules to these Rules;
“Supreme Court” means the Supreme Court of Nigeria ; and
“Virtual hearing” means proceedings of the Court conducted electronically or through the use of electronic or audio-visual means.
ORDER 2 — SERVICE
Order 2 Rule 1. Service of Notice of Appeal
(a)Every Notice of Appeal shall, subject to the provisions of Order 2 Rule 8, be served on the Respondent personally or by electronic mail to the electronic mail address of the Respondent: Provided that if the Court is satisfied that the Notice of Appeal has in fact been communicated to the Respondent, no objection to the hearing of the appeal shall lie on the ground that the Notice of Appeal was not served in accordance with this Rule.
(b)Except as may be otherwise provided in these Rules or in any other written law, it shall not be mandatory for notices, orders, summonses, warrants or other processes of the Court to be served personally.
Order 2 Rule 2. Service of Notice on Parties mentioned
(1)The Registry of the lower court or the Appellant shall, after the Notice of Appeal has been filed, cause to be served a certified copy thereof upon each of the parties mentioned in the Notice of Appeal, but it shall not be necessary to serve any party not directly affected:
Provided that the Court may, suo motu or on the application of any person claiming to be affected, direct notice to be served on all or any parties to the action or other proceeding or upon any person nota party and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and make such order(s) as might have been made if the persons served without notice had been originally parties to the appeal.
(2)In any case in which the Court directs that the Notice of Appeal shall be served on any party or person, the Court may also direct that any Respondent's Notice shall be served on such person.
(3)Where a Notice of Appeal is served on the Respondent by the Bailiff of the Court, the Bailiff shall duly file an affidavit of such service at the Registry of the Court.
Order 2 Rule 3. Notice of Appeal and Address for Service
Where in any proceeding in the lower court, a party has given a physical or electronic address for service, notice of any application preparatory or incidental to any appeal may be served in like manner as a Notice of Appeal under Rule 1 (a) of this Order.
Order 2 Rule 4. Respondent's Notice and Address for Service
(1)Every person who by virtue of service on him of a Notice of Appeal becomes a Respondent to any appeal shall within fourteen (14) days after service on him of the Notice of Appeal, file ten (10) hard copies and an electronic copy of a notice of his full and sufficient address for service with the Registrar of the lower court. The Registrar of the lower court shall forthwith send a copy of the notice of address to the Registrar and shall cause a copy thereof to be served on the Appellant.
(2)Such notice may be signed by the Respondent or his legal representative. The electronic signature of the Respondent or his legal representative shall suffice for the electronic version of the notice.
Order 2 Rule 5. Address for Service
Any reference in these Rules to an address for service means a physical or postal address within the Federal Republic of Nigeria or an electronic mail address or a facsimile number or telephone number or any other mode of communication as may become available where notices and other processes, which are not required to be served personally, may be left or sent or posted or transmitted.
Order 2 Rule 6. Endorsement of Address for Service
Where under these Rules, any notice or other process is required to have an address for service endorsed on it, it shall not be accepted for filing by the Registry of the lower court or the Registry of the Court, or where accepted, it shall not be deemed to have been properly filed in so far as such address has not been endorsed on it.
Order 2 Rule 7. Mode of Service
Where under these Rules any person has given an address for service, inclusive of an electronic mail address, any notice or other process shall be sufficiently served upon him if—
(a)left at that address, or
(b)sent by registered post to that address and in which case if the date of service by post is material, Section 26 of the Interpretation Act shall apply, or
(c)transmitted by electronic means to the electronic mail address or facsimile number or telephone number or any other mode of electronic communication.
Order 2 Rule 8. Change of Address and Notification of Change
Any party to an appeal or intended appeal may change his address for service at any time, by filing and serving on the Court and all other parties to the appeal or intended appeal, a notice of such change.
Order 2 Rule 9. Address of Legal Practitioner
Where any person has given the address of a Legal Practitioner as his address for service and the Legal Practitioner is not, or has ceased to be instructed by him for the purpose of the proceedings concerned, it shall be the duty of the Legal Practitioner to inform the Registrar as soon as may be practicable that he is not or no longer authorised to accept service on behalf of such person, and ifhe fails or omits to do so, he may be ordered to personally pay any costs occasioned thereby.
Order 2 Rule 10. Ex-Officio Service
Where a Minister or Commissioner, or the Attorney-General, or the Director of Public Prosecutions, or any other public officer of the Federal Republic of Nigeria or of a State thereof is a party ex-officio or is representing the Federal or a State Government, in any proceedings in the Court, whether civil or criminal, any notice or other document may be served on him by leaving it at or by sending it by registered post to his chambers or office, or electronically and service in this manner shall be as effective as if it were personal service.
Order 2 Rule 11. Service outside Jurisdiction
(1)Where any person who is out of the jurisdiction of the Court is a necessary or proper party to an appeal before the Court and it is necessary to serve him with the Notice of Appeal or other document relating to the appeal, the Court may allow service of the Notice of Appeal or such other document out of the jurisdiction of the Court.
(2)Every application for leave to serve a Notice of Appeal or other document on a person who is out of the jurisdiction of the Court shall be supported by an affidavit showing in what place or country such a person is or may be found and the grounds upon which the application is made.
(3)Any order granting leave to effect service out of the jurisdiction of the Court shall prescribe the mode of service and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence of such service thereof.
ORDER 3 — Registrars, REGISTRIES AND SESSIONS
Order 3 Rule 1. Chief Registrar
The Chief Registrar shall have custody of the records, both physical and electronic, of the Court and shall exercise such other functions as are assigned to him by these Rules and by such directions as the President may give from time to time.
Order 3 Rule 2. Other Registrars
The President may assign, and the Chief Registrar may, with the approval of the President, delegate to the Deputy Registrar or to any Registrar of the Court any function required by these Rules to be performed by the Chief Registrar.
Order 3 Rule 3. Powers of the Chief Registrar
Except as may be otherwise provided in the Constitution, or in any other enactment, the Chief Registrar shall have powers and duties as given to him by these Rules or such further powers and duties as the President may direct.
Order 3 Rule 4. Seal of the Court
The Court shall have and use, as the occasion may require, a seal having a device or impression approved by the President and bearing the inscription “The Court of Appeal” or an electronic version of it.
Order 3 Rule 5. Custody of the Seal
The Seal of the Court, both physical and electronic versions, shall be kept in the custody of the President who may entrust same or a duplicate or electronic version of it to such officers of the Court as the President thinks fit.
Order 3 Rule 6. Duties of the Registrar
(1)The Registrar shall keep—
(a)A Criminal Appeal Book; and
(b)A Civil Appeal Book;
each of which shall be in both manual and electronic format and shall contain an index in alphabetical order
(2)The following particulars shall be entered in the Criminal Appeal and the Civil Appeal Books—
(a)the number of the appeal or
(b)the names of the Appellant or Applicant and the Respondent;
(c)the Court from which the appeal is brought;
(d)the names of Counsel;
(e)the subject matter of the Appeal or application;
(f)the date, place and mode of hearing of the appeal;
(g)the judgment of the Court; and
(h)any subsequent proceedings and remarks.
Order 3 Rule 7. Files of Documents
(1)As soon as a Notice of Appeal is delivered, the Registrar shall prepare a physical file in which documents relating to the appeal shall be filed and on the front page thereof shall be recorded particulars of such documents, date and time of receipt.
(2)Pursuant to Order 20 Rule 10 of these Rules, the Registrar shall furnish to the Electronic Unit of the Registry of the Court, copies of files process an appeal to enable the Electronic Unit of the Registry of the Court to prepare an electronic file in which filed processes and documents relating to the appeal shall be uploaded and stored for access by the Justices of the Court.
Order 3 Rule 8. Setting Aside or Vary Orders of the Registrars
Any person aggrieved by any act or order of the Registrar and who intends to have the act or order complained of, set aside or varied, may write to the Court, setting out the complaint, the ground for the complaint, the relief sought and the Court shall deal with the complaint administratively.
Order 3 Rule 9. Registries and Filing of Process
(1)The Registry of each Judicial Division of the Court shall be situate in a place within which the Judicial Division of the Court is established or such other place(s) as may be designated by the President from time to time.
(2)Except when otherwise expressly provided, all documents and processes relating to an appeal shall be filed in the Registry of the Judicial Division of the Court where the appeal is entered: Provided that whilst the Court is sitting in any Judicial Division or other place of session, any documents or proceedings in connection with a matter to be dealt with at such Division or other place of session may be filed with the Registrar of the Court at such a place.
(3)A document or process relating to an appeal may be filed, physically or electronically, in the Registry of the Judicial Division of the Court where the appeal is entered or such other place of session either by being delivered there by the party or his legal representative or agent in person or by registered post or by electronic means.
Order 3 Rule 10. Hours of Opening Registry
The Registries of the Court shall, subject to the directions of the President, be open to the public every day in the year from eight o' clock in the forenoon to two o’ clock in the afternoon, except on Saturdays and Sundays or on any day declared a public holiday under any written law.
Order 3 Rule 11. Sessions and Appearance of Counsel at Sessions
(1)Sessions of the Court may be convened and constituted and the sessions time, venue and forum for all sessions and for hearing interlocutory applications shall be settled in accordance with general or specific directions to be given by the President.
(2)The Court shall regulate the number of Counsel who may appear before it in any matter: Provided that—
(a)A Senior Advocate of Nigeria shall not appear with more than Five (5) Counsel ;
(b)Where more than one Senior Advocate of Nigeria appears for the same party in a matter, the number of Counsel appearing with them shall not be more than five; and
(c)Other Learned Counsel shall not appear with less than two juniors;
(3)Learned Counsel shall, at all times, comply with the directives Court.
Order 3 Rule 12 (1). Publication of Cause List
(1)The Registrar shall publish every Friday, a weekly cause list, on the official Notice Board in the Judicial Divisions of the Court and on the official website of the Court, which shall set out the arrangement of fixture of causes for hearing on each day during the following week.
Order 3 Rule 12 (2). Notification of Sittings
The sittings of the Court and the matters to be disposed of at such sittings shall be notified to the parties through their addresses for service, both physical and electronic mail address, available to the Court: Provided that the Court may in its discretion hear any appeal and deal with any other matter, whether or not same has been published by the Registrar.
Order 3 Rule 13. Adjournments
The Court may, at any time, on application by any party, or of its own motion, adjourn any proceedings pending before it from time to time and from place to place.
Order 3 Rule 14. Reservation for Days for Judgement
(1)The Presiding Justice of a Division of the Court may direct that af the week be reserved in the weekly cause list for delivery of rulings and judgments.
ORDER 4 — Powers oF THE CourT AND ENTERING OF APPEAL
Order 4 Rule 1. General Power of the Court
In relation to an appeal, the Court shall have all the powers and duties as to amendment and otherwise of the lower court, including without prejudice to the generality of the foregoing words, in civil matters, the powers of the lower court in civil matters to refer any question or issue of fact arising on the appeal for trial before or inquiry and report by, an official or special referee. In relation to a reference made to an official or special referee, anything, which can be required or authorised to be done by, to or before the lower court, shall be done by, to or before the Court.
Order 4 Rule 2. Further Evidence
The Court shall have power to receive further evidence on questions of fact, either by oral examination in Court, by affidavit, or by deposition taken before an Examiner or Commissioner as the Court may direct, but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.
Order 4 Rule 3. Inference of Fact
The Court shall have power to draw inferences of fact and to give any judgment and make any order, which ought to have been given or made, and to make such further or other order(s) as the case may require, including any order as to costs.
Order 4 Rule 4. Powers not Limited by Notice of Appeal
The powers of the Court under the foregoing provisions of this Rule may be exercised notwithstanding that no notice of appeal or Respondent's notice has been given in respect of any particular part of the decision of the lower court, or by any particular party to the proceedings in that Court, or that any ground for allowing the appeal or for affirming or varying the decision of that Court is not specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination of the merits of the real question in controversy between the parties.
Order 4 Rule 5. Powers not Limited to Interlocutory Order
The powers of the Court in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.
Order 4 Rule 6. Powers to make an Order of Injunction
(1)The Court shall have the power to make orders by way of injunctions or the appointment of a Receiver or Manager, and such other necessary orders for the protection of property or person, pending the determination of an appeal to it even though no application for such an order was made in the lower court, upon the fulfilment of the following conditions to the satisfaction of the Court—
(a)an undertaking to diligently prosecute the appeal is given by the applicant;
(b)in appeals relating to monetary judgments, a bond, guarantee or other like instrument from an eligible institution, in such sum not exceeding the judgment sum, as the Court may direct, deposited as security for the judgment sum or such sum, as the Court may determine, deposited into an interest-yielding account in the name of the Chief Registrar or Deputy Chief Registrar of the Court; and
(c)in appeals relating to land, an undertaking to pay damages if the appeal is unsuccessful.
(2)Where an applicant has filed an application for stay of execution and the application is accompanied by prima facie evidence of the satisfaction of the conditions under sub-rule (1)(a), (b) and/or (c) above, no steps shall be taken to enforce the judgment appealed against, pending the determination of the application for stay of execution by the Court.
Order 4 Rule 7. Impounded Documents
Documents impounded by order of the Court shall not be delivered out of the custody of the Court, except in compliance with an order of the Court: Provided that where the Attorney-General of the Federation or of a State or the Director of Public Prosecutions of the Federation or of a State makes a written request in that behalf, documents so impounded may be delivered into his custody.
Order 4 Rule 8. Inspection of Impounded Documents
Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorised to do so by an order of the Court.
Order 4 Rule 9. Powers of the Court as to New Trial
(1)On the hearing of any appeal, the Court may, if it thinks fit, make any such order(s) as could be made, pursuant to an application for a new trial or to set aside a verdict, finding or judgment of the lower court.
(2)The Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court, some substantial wrong or miscarriage of justice has been thereby occasioned.
(3)A new trial may be ordered on any question without interfering with the finding or decision on any other question, and if it appears to the Court that any such wrong of miscarriage of justice as is mentioned in sub-rule (2) of this Rule affects only part of the matter n controversy or one or only some of the parties, the Court may order a new trial as to the party only, or as to that party or those parties only, and give final judgement as to the remainder.
(4)In any case where the Court has power to order a new trial on the ground that damages awarded by the lower court are excessive or inadequate, the Court may in lieu of ordering a new trial—
(a)substitute for the sum awarded by the lower court such sum as appears to the Court to be proper; or
(b)reduce or increase the sum awarded by the lower court, by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included or excluded from the sum so awarded. Except as aforesaid, the Court shall not have power to reduce or increase the damages awarded by the lower court.
(5)A new trial shall not be ordered by reason of the ruling of any Judge of the lower court that a document is insufficiently stamped or does not require to be stamped.
Order 4 Rule 10. When an Appeal is Entered
An appeal is entered in the Court when the record has been received in the Registry of the Court within the time prescribed by the Rules or within such other extended time as ordered by the Court.
Order 4 Rule 11. Control of Proceedings during the Pendency of Appeal
(1)After an appeal has been entered and until it has been finally disposed of, the Court shall be seised of the whole of the proceedings as between the parties thereto. Except as may be otherwise provided in these Rules, every application therein shall be made to the Court and not to the lower court.
(2)Nothing in sub-rule (1) above shall be construed as requiring lower court to order stay of proceedings, or the adjourn sine dine, proceedings in at are not impacted by relation to matters or proceedings in the lower court that are not impacted by or to which the appeal entered in the Court of Appeal does not relate to.
ORDER 5 — REFERENCES AS TO CONSTITUTION AND RESERVED POINTS OF LAW
Order 5 Rule 1. Stating of Case (Form 1 and 2)
When a lower court refers any question as to the interpretation of the Constitution under the relevant provisions of the Constitution, or reserves any question of law for the consideration of the Court in accordance with any written law, the lower court referring or reserving the question of law, as the case may be, shall state a case in Form 1 or 2 in the First Schedule to these Rules, whichever may be appropriate, and the Registrar of the lower court shall forward ten copies directly to the Registrar.
Order 5 Rule 2. Signature of Case Stated
(a)When the lower court making an application consists of three or more Judges, the case shall be stated on behalf of the lower court by a majority of those Judges.
(b)Where a question is referred or reserved by the lower court, the question shall be signed by all or by a majority of the Judges of the lower court referring or reserving the question.
Order 5 Rule 3. Contents of Case Stated
(a)A case stated under this Order shall be divided into paragraphs, contents of which as near as may be, shall be confined to distinct portions of the subject case stated whether facts, point of law or document and every paragraph shall be numbered serially.
(b)It shall state such of the findings of fact as are necessary to explain the question on which the decision of the Court is sought except where in a criminal matter, the question is whether there is any evidence to support any decision, or whether the evidence for the prosecution disclosed a case for the accused person to answer, it shall not contain a statement of the evidence.
(c)It shall also state the contentions of the parties, the opinion or decision (if any) of the Court stating the case and the questions of law for the determination of the Court.
(d)In cases to which Section 305 of the Administration of Criminal Justice Act, 2015 (or similar provision in any State law) applies, the case shall state whether the hearing has been adjourned or the verdict has been postponed or sentence has been passed and whether the person accused or convicted has been committed to prison or admitted to bail.
Order 5 Rule 4. Right of Audience
(1)Subject to the provisions of this Rule, the following persons shall be entitled as of right to appear in person or by a Legal Practitioner at the hearing of any case stated under this Order—
(a)the parties to the proceedings in which the question of law arose;
(b)in any case stated involving a substantial question of law as to the validity of any law enacted by the National Assembly, the Attorney-General of the Federation; and
(c)where the case involves the validity or constitutionality of a law within the competence of a State, the Attorney-General of the particular State where the law is or purports to be in force.
(2)The following persons may, by leave of the Court, appear in-person or by a Legal Practitioner at the hearing of any case stated on the reference to the Court of any question as to the interpretation of the Constitution or any section of the Constitution pertaining to a State as the case may be—(a) where he is not entitled to appear as of right under sub-rule (1) (6) of this Rule, the Attorney-General of the Federation; and
(b)the Attorney-General of the State.
(3)The Registrar shall forward to the Attorney-General of the Federation or of a State, as the case may be, a copy of any case stated to which this Rule applies. Any other person who is entitled as of right to appear, and any person who in appear by leave of the Court, may obtain a copy of the case stated from the Registrar of the lower court on payment of such fee as may be prescribed.
ORDER 6 — APPLICATIONS TO COURT
Order 6 Rule 1. Form of Application (Form 3)
(a)Every application to the Court shall be by notice of motion, stating the Rule under which it is brought, the grounds for the reliefs sought and shall be supported by an affidavit and a Written Address: Provided that the Respondent(s) shall have five (5) days within which to file processes in response (if any) to the notice of motion and the Applicant shall have three (3) days to file a reply (if any) to the processes of the Respondent(s).
(b)Each written address shall not exceed five (5) pages and the reply on point of law shall not exceed three (3) pages.
Order 6 Rule 2. Application for Leave
Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion, which shall be served on the party or parties affected.
Order 6 Rule 3. Application Refused by the Lower Court
Where an application has been refused by the lower court, an application for a similar purpose may be made to the Court within fifteen (15) days after the date of the refusal.
Order 6 Rule 4. Application where first Made
Wherever under these Rules an application may be made either to the lower court or to the Court, it shall not be made in the first instance to the Court, except where there are special circumstances which make it impossible or impracticable to apply to the lower court.
Order 6 Rule 5. Filing of Notice of Appeal after Leave
Where leave to appeal is granted by the Court or by the lower court, the Appellant shall file a Notice of Appeal within the time prescribed by the Court of Appeal Act.
Order 6 Rule 6. Extension of Time for Timely Application
Where an application for leave to appeal from a decision of the lower court has been brought within the time prescribed by the Court of Appeal Act but has not been heard within that period, the Court, if satisfied that there has not been an unreasonable delay in bringing the application, may extend time to appeal and in the proper case, grant leave to appeal.
Order 6 Rule 7. Requirement of Application for Leave
The application for leave to appeal from a decision of the lower court shall contain copies of the following—
(a)notice of motion for leave to appeal (Form 4);
(b)a certified copy of the decision of the Lower Court sought to be appealed against;
(c)a copy of the proposed grounds of appeal; and
(d)where leave has been refused by the lower court, a copy of the order refusing leave.
Order 6 Rule 8. Time to Argue Motion
(1)Except with the leave of the Court, a maximum of fifteen (15) minutes on each side will be allowed for oral argument on any application.
(2)Where the parties have duly filed written addresses and other relevant processes in relation to an application, and any of the parties or their legal representatives do not appear on the day fixed for hearing of the application the application will be treated as having been duly argued: Provided that the application will still be treated as argued even where a party has failed to file his processes and the time limited for filing has expired.
Order 6 Rule 9. Enlargement of Time
(1)The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply, except as it relates to the taking of any step or action under Order 16.
(2)Every application for an enlargement of time within which to appeal shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged, a copy of the Order granting such enlargement shall be annexed to the Notice of Appeal.
Order 6 Rule 10. When to bring an Application to Set aside a Judgment or Ruling
An application to set aside any judgment or ruling shall not be brought unless it is filed within fourteen days from the date of delivery of such judgment or ruling or such longer period as the Court may allow for good cause.
Order 6 Rule 11. Incompetent Applications
Cost shall be awarded against a counsel that allows an incompetent application by an Applicant without bringing it to the notice of the court thereby wasting the time of the court.
Order 6 Rule 12. Appeal when Brought
An Appeal shall be deemed to have been brought when the notice of appeal has been filed in the registry of the lower court.
ORDER 7 — NOTICE AND GROUNDS OF CIVIL APPEALS
Order 7 Rule 1. Applications
Part 2 of these Rules shall apply to appeals to the Court from any Court or Tribunal acting either in its original or its appellate jurisdiction in civil cases, and to matters related thereto.
Order 7 Rule 2. Contents and Requirements of Notice of Appeal (Form 5)
(1)All appeals shall be by way of rehearing and shall be brought be notice (hereinafter called “the Notice of Appeal”) to be filed physically or electronically in the Registry of the lower court, which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the lower court is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal and shall be accompanied by a sufficient number of copies for service on such parties.
(2)Where a ground of appeal alleges misdirection or error in law, the particulars and the nature of the misdirection or error shall be clearly stated.
(3)The Notice of Appeal shall set forth, concisely and under distinct heads, the grounds upon which the Appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.
(4)The Notice of Appeal shall be signed by the Appellant or his legal representative.
Order 7 Rule 3. Vague Grounds
Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is against the weight of the evidence. A ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent.
Order 7 Rule 4. Grounds outside Notice
The Appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the Notice of Appeal, but the Court may in its discretion, allow the Appellant to amend the grounds of appeal upon payment of fees prescribed for making such amendment and upon such terms as the Court may deem just.
Order 7 Rule 5. Court not Restricted by Grounds
Notwithstanding the foregoing provisions, the Court in deciding the appeal shall not be confined to the grounds set forth by the Appellant: Provided that the Court shall not if it allows the appeal, rest its decision on any ground not set forth by the Appellant unless the Respondent has had sufficient opportunity of contesting the case on that ground.
Order 7 Rule 6. Striking out Notice
The Court shall have the power to strike out a Notice of Appeal when an appeal is not competent or for any other sufficient reason: Provided that where the incompetence is not a fundamental defect, the Court may direct a party to rectify any defect in the Notice of Appeal and limit the time within which the defect shall be rectified.
Order 7 Rule 7. Endorsement as to Fees
The Registrar of the lower court shall endorse and/or acknowledge the fees paid, receipt number and the date of payment in respect of both the physical and electronic versions of the Notice of Appeal.
Order 7 Rule 8. Amendment of Notice of Appeal
A Notice of Appeal may be amended by or with the leave of the Court at any time.
ORDER 8 — COMPILATION AND TRANSMISSION OF RECORDS
Order 8 Rule 1. Compilation by Registrar
The Registrar of the lower court shall within sixty days after the filing of Notice of Appeal compile, serve the parties and transmit the Record of Appeal to the Court.
Order 8 Rule 2. Summons to Settle Records (Form 6)
Pursuant to Rule 1 above, the Registrar of the lower Court shall, within fourteen (14) days from the filing of the Notice of Appeal, summon the parties to the appeal before him to—
(a)settle the documents to be included in Record of Appeal; and
(b)fix the amount to be deposited by the Appellant to cover the estimated cost of preparing and forwarding the Record Of Appeal.
Order 8 Rule 3. Settlement in Absence of Parties
(1)Whether any of the Parties attend or not, provide the notice has been duly served on the parties to the appeal, the Registrar of the lower court shall proceed to prepare the Record of Appeal by settling and determining the matters stated in Rule 2(a) and (b) of this Order, encrypt and transmit the Record of Appeal electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered: Provided that ten physical copies of the Record of Appeal shall also be transmitted to the Court.
(2)Documents or processes in every electronic version of the Record of Appeal prepared under these Rules shall be recorded, scanned or stored in a searchable but not editable form.
Order 8 Rule 4. Mandatory Compilation by Appellant
(1)Where at the expiration of sixty (60) days after the filing of the Notice of Appeal and following notification by the Appellant, the Registrar has failed or neglected to compile and transmit the Record of Appeal in accordance with the preceding provisions of this Rule, it shall become mandatory for the Appellant to compile the record of all documents and exhibits necessary for his appeal, encrypt and transmit the Record of Appeal electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered, within thirty (30) days after the Registrar's failure or neglect; with ten (10) physical copies of the Record of Appeal also transmitted to the Court.
(2)Upon regularization, records filed out of time shall be deemed to have been filed within the ninety day period as stated in Rule 4 (1) of this order and not on the day the application for extension of time was granted.
Order 8 Rule 5. Service of Record on Respondent
The Record of Appeal compiled by the Appellant shall be electronically and physically served on the Respondent or Respondents by the Appellant within the thirty (30) day-period stipulated for transmitting such Record of Appeal to the Court.
Order 8 Rule 6 (1). Departure from the Rules
(1)Where a Notice of Appeal has been filed, the Respondent may apply for a departure from the Rules to compile and transmit the records Of appeal to allow for an accelerated hearing and determination of the appeal.
Order 8 Rule 6 (2). Filing of Additional Record of Appeal
Where any party to the appeal considers that there are additional records which may be necessary in disposing of the appeal, he shall be at liberty, within fifteen (15) days of service on him of the Record of Appeal, to Compile and transmit to the Court such records to be known as the Additional Record of Appeal.
Order 8 Rule 7. Contents of Record of Appeal
Every Record of Appeal or Additional Record of Appeal shall contain the following documents in the order set out—
(a)the index;
(b)a statement giving brief particulars of the case and including a schedule of the fees paid;
(c)copies of the documents settled and compiled for inclusion in the Record of Appeal ; and
(d)a copy of the Notice of Appeal and other relevant documents filed in connection with the appeal.
Order 8 Rule 8. Exclusion of Irrelevant Records
The Registrar of the lower court or the Appellant in compiling the Record of Appeal shall endeavour to exclude from the record all documents (more particularly such that are merely formal) that are not relevant to the subject matter of the appeal and generally to reduce the bulk of the Record of Appeal as far as practicable, taking special care to avoid duplication of documents and unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted in the compilation shall be enumerated in a list at the end of the Record of Appeal and where part or only parts of any lengthy document is directly relevant to the subject matter of the appeal, it shall be permissible to omit to compile such parts of the document as are irrelevant to the subject matter of the appeal or not necessary for the proper understanding of the part or parts that are so relevant.
Order 8 Rule 9. Certification of records
Every Record of Appeal or Additional Record of Appeal compiled by a party to an appeal must be certified by the Registrar of the lower court, before its physical or electronic transmission to the Court: Provided that it shall not be necessary for copies of individual documents to be separately certified, but the Registrar of the lower court shall certify as correct each copy of the Record of Appeal transmitted in accordance with these Rules.
Order 8 Rule 10 (1). Transmission of Records (Form 7)
(1)Where the Record of Appeal is compiled by the Registrar of the lower court under Rule 1 of this Order, he shall transmit the Record within the time stipulated for compilation and transmission under Rule 1. The Record of Appeal shall be transmitted together with—
(a)a certificate of service or non-service of the Notice of Appeal and the Record of Appeal ; and
(b)a physical or electronic case file of the case in the lower court containing all the papers or documents filed by the parties in connection therewith, to the Registrar of the Court.
Order 8 Rule 10 (2). Certificate of Service of Records of Appeal ( Form 8)
(2)Where the Record of Appeal is compiled by the Appellant under Rule 4 of this Order, he shall transmit the Record of Appeal within the time stipulated for compilation and transmission by an Appellant under Rule 4. The Record of Appeal shall be transmitted in compliance with Rule 10 (1).
(3)The Registrar of the lower court be, shall, within seven (7) days of the transmission of the Record of Appeal to the Court, cause to be served on all parties mentioned in the Notice of Appeal, a notice that the Record of Appeal has been transmitted to the Registrar of the Court who shall in due course enter the appeal in the cause list.
Order 8 Rule 11. Deposit against Costs
(1)Upon the transmission of the Record of Appeal, whether by the Registrar of the lower court or by the Appellant, the Appellant shall within such time as the Registrar of the Court shall direct, deposit not less than Fifty Thousand Naira (N50,000.00) with the Deputy Chief Registrar of that Division for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the Appellant: Provided that no deposit shall be required from an indigent person or where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a State, or by any Government department.
(2)Where the sum deposited in accordance with the preceding sub-rule is depleted in the course of the prosecution of the appeal, the Registrar shall summon the Appellant to replenish the deposit.
Order 8 Rule 12. Additional Deposit against Costs
(1)Where the Registrar fails to direct any deposit against costs or where the sum directed is inadequate or for any other reason, the Court, upon application by the Respondent, may order that deposit or additional deposit be made.
(2)Where the Court deems appropriate, it may, upon application by the Appellant, order deposit against cost to be made by a Respondent.
Order 8 Rule 13. Production of Documentary Exhibits
Subject as hereinafter provided, each party shall, immediately after an appeal becomes pending before the Court, deliver to the Court, all documents (being exhibits in the case or which were tendered as exhibit admitted or rejected) which are in his custody or were produced by him at the trial.
Order 8 Rule 14. Production of Non-documentary Exhibits
Subject as hereinafter provided, each party to an appeal shall be Prepared to produce at the hearing of the appeal, all exhibits other than documents, which are in his custody or were produced or put in by him at the trial.
Order 8 Rule 15. Registrar's Directive where Exhibit not Produced
In case any party finds it difficult to comply with the provisions of Rules 13 and 14 of this Order, owing to the nature of documents or exhibits or owing to its being in the possession of a third party or for any reason, he may
apply to the Registrar of the Court for directions.
Order 8 Rule 16. Directives of the Registrar in respect of Exhibit
The Registrar of the Court may, either of his own motion upon application, give any direction as he sees fit, whether dispensing with the provisions of Rules 13 and 14 or modifying its appl1cation in any way or securing compliance with it.
Order 8 Rule 17. Custody of Exhibit
All original documents delivered to the Court under this Rule shall remain in the custody of the Court until the determination of the appeal: Provided that the Court or Registrar may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as he may impose.
Order 8 Rule 18. Failure to Compile and Transmit Record (Form 9)
(1)If the Registrar of the lower court has failed to compile and transmit the Record of Appeal under Rule 1 and the Appellant has also failed to compile and transmit the Record of Appeal in accordance with Rule 4, the Respondent may, by notice of motion, move the Court lo strike out the appeal.
(2)The Court, where so moved by the Respondent, may strike out the appeal, and shall, where it strikes out the appeal, award cost on full indemnity basis against the Appellant.
(3)An application for the relisting of the appeal shall be filed within seven (7) days of the striking out order.
(4)The court may relist an appeal that is struck out under this Rule where the Court is satisfied that the Applicant has shown good cause for the relisting of the appeal.
(5)Where the Appellant has not deposited the amount fixed by the Registrar of the lower court to cover the cost of compilation and transmission of the Record of Appeal as provided in Rule 2(b) of this Order, the Registrar of the lower court shall certify such fact to the Court, which may, suo motu, order that the appeal be struck out either with or without costs, and shall cause the parties to be notified of the terms of the order: Provided that the Court shall only act on the certification by the Registrar of the lower court at the expiration of the thirty days allowed for the Appellant to compile Record of Appeal prescribed by Rule 4 of this Order.
ORDER 9 — RESPONDENT’S NOTICE OF CONTENTION
Order 9 Rule 1. Respondent's Notice to Vary (Form 10A)
A Respondent, who not having appealed the decision of the lower court, desires to contend on the appeal that the decision of that court should be varied, either in any event or in the event of the appeal being allowed in whole or in part, must give notice to that effect, specifying the grounds of that contention and the precise form of the order which he proposes to ask the Court to make, or to make in that event, as the case may be.
Order 9 Rule 2. Respondent's Notice to Affirm (Form 10B)
A Respondent who desires to contend on the appeal that the decision of the lower court should be affirmed on grounds, other than those relied upon by that court, must give notice to that effect specifying the grounds of that contention.
Order 9 Rule 3. Respondent's Notice Limited by Grounds
Except with the leave of the Court, a Respondent shall not be entitled on the hearing of the appeal, to contend that the decision of the lower court should be varied upon grounds not specified in a notice given under this Rule, to apply for any relief not so specified, or to support the decision of the lower court upon any grounds not relied upon by that court or specified in such a notice.
Order 9 Rule 4. Time within which to Serve Respondent's Notice
Any notice given by a Respondent under this Order must be served on the Appellant and on all parties to the proceedings in the lower court who are directly affected by the contentions of the Respondent and must be served —
(a)in the case of an appeal against an interlocutory order, within fifteen (15) days after the service of the Notice of Appeal on the Respondent; and
(b)in any other case within thirty (30) days, after the service of the Notice of Appeal on the Respondent.
Order 9 Rule 5. Copies of Respondent's Notice
A Respondent shall file ten hard/physical copies and an electronic copy of his Respondent's Notice with the Registry of the Court.
Order 9 Rule 6. Amendment of Respondent's Notice
A Respondent's notice may be amended by or with the leave of the Court at any time.
ORDER 10 — NOTICE OF PRELIMINARY OF OBJECTION
Order 10 Rule 1. Filing of Preliminary Objection (Form 11)
A Respondent intending to rely upon a preliminary objection to the hearing of the appeal shall give the Appellant three clear days notice thereof before the hearing, setting out the grounds of objection, and shall file such notice together with ten hard/physical copies and an electronic copy thereof with the Registry within the same time. The preliminary objection shall be argued in the Respondent's brief of argument.
Order 10 Rule 2. Matters Exempted from Objection
No objection shall be taken on the hearing of an appeal on the ground that the amount fixed by the Registrar of the lower court under Order 8 Rule 2(b) of these Rules was incorrectly assessed.
Order 10 Rule 3. Effect of Non-Compliance
Where the Respondent fails to comply with this Order, the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the Respondent or may make such other order as it thinks fit.
ORDER 11 — WITHDRAWAL OF APPEAL
Order 11 Rule 1. Withdrawal of Appeal (Form 12)
An Appellant may at any time before the hearing of an appeal file a notice of withdrawal of the appeal at the Registry and serve the parties.
Order 11 Rule 2. Withdrawal of Appeal by Consent (Form 13)
If all parties to the appeal consent to the withdrawal of the appeal without an order of the Court, the Appellant may file in the Registry the documents or documents signifying such consent and signed by the parties and/or their legal representatives and the appeal shall thereupon be deemed to have been withdrawn. In such event, any sum deposited against costs shall be paid out to the Appellant.
Order 11 Rule 3. Effect of Withdrawal by Consent
The withdrawal of an appeal with the consent of the parties under Rule 2 of this Order shall be a bar to further proceedings under Order 9.
Order 11 Rule 4. Effect of Unilateral Withdrawal
An unilateral withdrawal of an appeal does not operate as a bar to the recovery of costs by any party affected thereby.
Order 11 Rule 5. Appeal by Respondent After Withdrawal
Upon unilateral withdrawal of an appeal a Respondent who has filed a Respondent's Notice under Order 9, may proceed with the prosecution of his appeal in accordance with the prov1s1ons of these Rules.
Order 11 Rule 6. Effect of Withdrawal of an Appeal
An appeal which has been withdrawn under this Order, with or without an order of the Court, shall be deemed to have been dismissed.
ORDER 12 — FEES
Order 12 Rule 1. Schedule of Fees
(1)Save as hereinafter provided, the fees prescribed in the Third Schedule hereto shall be charged in respect of the matters which they are respectively assigned and shall be paid to the Registry of the lower court or of the Court as the case may be.
(2)The President shall, from time to time, issue an amended Schedule of fees as the President deems fit.
Order 12 Rule 2. Exemption from Fees from Government
No fee shall be payable in respect of any matter where such fee would be payable by the Government of the Federal Republic of Nigeria or of a State or Local Government or any Government Department: Provided that when any person is ordered to pay the costs of the Government of the Federal Republic of Nigeria or of a State or Local Government or any Government Department in any case, all fees which would have been payable but for the provisions of this Rule, shall be taken as having been paid and shall be recoverable from such person.
Order 12 Rule 3. Exemption from Fees for Indigent Persons
The lower court or the Court may, on account of the want of means of any party (although such party may not have been formally permitted to proceed as an indigent person under Order 13) or for other sufficient reason, dispense, if it seems fit, with payment of any fees if the circumstances of the case so require: Provided that if such party succeeds in any appeal which results in an order for payment to him of any costs, the Court may order that such fees be first charged on any moneys recovered or to be recovered under such order.
ORDER 13 — PROCEEDINGS BY INDIGENT PERSONS
Order 13 Rule 1. Application for Leave
Any party may apply to the Court for leave to prosecute or defend on appeal as an indigent person. Such application application shall be on notice of motion, supported by an affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing of any such application.
Order 13 Rule 2. Conditions for Leave
No party shall be permitted to proceed with the prosecution or defence of an appeal as an indigent person unless he satisfies the Court that he is indigent.
Order 13 Rule 3. Effect of Leave
A person permitted to proceed with the prosecution or defence of an appeal as an indigent person shall not be liable to pay any of the Court fees prescribed by these Rules or be required to make a deposit against costs as prescribed by Order 8 Rile 11.
Order 13 Rule 4. Review of Leave
The Court may for good cause shown, review, rescind or vary an order permitting any person to proceed with the prosecution or defence of an appeal as an indigent person.
Order 13 Rule 5. Cost in Proceedings by Indigent Persons
(1)Leave to proceed with the prosecution or defence of an appeal as an indigent person shall not exempt such person from liability to an order for costs in favour of his opponent.
(2)Where an indigent person is not awarded costs in the proceedings, no fees shall be taken from him by a legal representative assigned to him by the Court.
(3)Where an indigent person is awarded costs against his opponents, he shall be entitled to include and receive in such costs the fees of any legal representative assigned to him by the Court and all other fees and costs remitted by his admission to proceed with the prosecution or defence of an appeal as an indigent person.
ORDER 14 — SERVICE OF RECORD OF APPEAL TO THE SUPREME COURT
Order 14 Rule 1. Duties of Registrar in respect of Service
Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the Record of Appeal, serve upon every Appellant who was duly given a Notice of Appeal and paid the fees fixed by the Registrar to cover the cost of Record of Appeal, a copy of the Record of Appeal.
Order 14 Rule 2. Manners of Service
Such Record of Appeal may be served upon the Appellant in any manner prescribed by these Rules for the service of notice or other documents relating to the appeal.
Order 14 Rule 3. Service of Record on Respondent
The Registrar shall thereafter cause to be served upon every Respondent in the appeal, who has filed an address for service, the Record of Appeal.
Order 14 Rule 4. Certificate of Service of Record on Parties (Form 14)
(1)Within fourteen (14) days after the Record of Appeal has been served upon an Appellant, the Registrar shall certify under his hand that he served the Record of Appeal upon every such Appellant. The certificate of service shall be as in Form 14 or to like effect.
(2)In addition to the requirements of the Supreme Court Act and the Supreme Court Rules, the Registrar shall as soon as the Record of Appeal to the Supreme Court has been served on the Appellant and the Respondent, as the case may be, physically and electronically transmit to Supreme Court a certificate that Record of Appeal to the Supreme Court has been served on the parties. The certificate shall be as in Form 14 or to like effect.
ORDER 15 — DEATH OF PARTY AND CHANGE OF NAME OF PARTY TO AN APPEAL
Order 15 Rule 1. Duty of Counsel
(1)It shall be the duty of Counsel representing a party to an appeal to give immediate notice of the death of the party to the Registrar of the lower court or to the registrar the court or to the Registrar of the Court (as the case may require) and to all other parties affected by the appeal as soon as he becomes aware of the fact.
Order 15 Rule 2. Addition or Substitution of Party
Where it is necessary to add or substitute a new party for the deceased an application shall, subject to the provisions of Order 4 Rule 11, be made in that behalf to the lower court or to the Court either by any existing party to the appeal or by any person who wishes to be added or substituted.
Order 15 Rule 3. Power of Court to Strike out Appeal
Where an appeal has been set down for hearing and the Court is or becomes aware that a necessary party to the appeal is dead, the appeal shall be struck off the hearing list unless an application for substitution is made.
Order 15 Rule 4. Change of Name of Party
Where the name of a party to an appeal changes during the pendency of the appeal, the party or the Appellant shall apply to the Court, in the manner prescribed in these Rules, for an order of substitution.
ORDER 16 — COURT OF APPEAL ALTERNATIVE DISPUTE RESOLUTION PROGRAMME
Order 16 Rule 1. Alternative Dispute Resolution
The Court, at the direction of the President, shall operate the Court of Appeal Alternative Dispute Resolution Programme (CAADRP).
Order 16 Rule 2. Operations of CAADRP (Form 15)
The operations of the CAADRP shall be in accordance with the Court of Appeal (Alternative Dispute Resolution) Rules.
Order 16 Rule 3. Time not to Run for Filing Brief's during Period of ADR
The time stipulated under these Rules for filing of Briefs shall not begin to run until any ADR proceedings pursuant to this Order is finalised.
ORDER 17 — CRIMINAL APPEALS
Order 17 Rule 1. Appeals to which this Order Applies (Form 1,2,3,4,5, or 70
This Order shall apply to appeals to the Court from any Court or Tribunal acting either in its original or appellate jurisdiction in criminal cases, other than a Court Martial, and to matters related thereto.
Order 17 Rule 2. Application not Specifically Provided for
Except where otherwise provided in these Rules, any application to the Court may be made by the Appellant or Respondent or by a legal representative on his behalf orally or in writing, but in regard to such applications, if the Appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding same in writing to the Registrar who shall take the appropriate steps to obtain the decision of the Court thereon.
Order 17 Rule 3. Notice of Appeal or Application for Leave etc
(1)A person desiring to appeal to the Court against any judgment, sentence or order of the lower court, whether in the exercise of its original or of its appellate jurisdiction, shall commence his appeal by sending to the Registrar of the lower court a Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice respectively set forth as Forms 1, 2, 3, 4, 5 or 7 in the Second Schedule to these Rules.
(2)A person sending any notice or notices under this Rule shall answer the questions and comply with the requirements set forth in sub-rule 1 above.
(3)The Court may, on the application of the Appellant, grant leave for the amendment of the Notice of Appeal or grounds of appeal and may grant leave to the Appellant to argue additional grounds of appeal: Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the Respondent is necessary but had not been given, the Court may adjourn the appeal or make such order(s) as it may deem fit in the circumstance.
Order 17 Rule 4. Vague Grounds
Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is unreasonable, unwarranted and cannot be supported having regard to the evidence, and a ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent.
Order 17 Rule 5. Signing of Notice of Appeal
(1)Every Notice of Appeal or notice of application for leave to appeal or application for extension of time within which such notice shall be given, shall be signed by the Appellant himself or by his legal representative except under the provision of sub-rules (5) and (6) of this Rule.
(2)Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by his legal representative. All notice required or authorised to be given shall be addressed to the Registrar of the lower court to be forwarded by him to the Registrar: Provided that, notwithstanding the provisions of Rules 3(1) and (2) and 5(1)of this Order have not been strictly complied with, the Court may , in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the court against the decision of the lower court.
(3)Any notice or other document which is required or authorised to be given or sent be shall be deemed to be duly given or sent if served in accordance with the provision of Order 2 Rule 1 of these Rules.
(4)Where an Appellant or any other person authorised or required to give or send any Notice of Appeal or notice of any application is unable to write, he may affix his mark thereto in a presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such Appellant.
(5)Where on the trial of a person entitled to appeal, it was contended that he was not responsible according to law for his action(s) on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable of making his defence, any notice required to be given and signed by the Appellant himself may be given and signed by his legal representative
(6)In the case of a body corporate where any notice or other document is required to be signed by the Appellant, it shall be sufficient compliance therewith if such notice or other document is signed by the Company Secretary, Director, Manager or legal representative of such body corporate.
(7)An appeal is brought when the Notice of Appeal has been filed in the Registry of the lower court.
Order 17 Rule 6. Application for Extension of Time (Criminal Form 7)
An application to the Court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the lower court, in the proper format of such application, a form duly filled up, of Notice of Appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which he desire to question his conviction or sentence, as the case may be.
Order 17 Rule 7. Notification of result of Application for Leave to Appeal (Criminal Form 6)
(1)Where the Court or the lower court has, on a notice of application for leave to appeal duly filed and in the form provided under these Rules, granted an appellant leave to appeal, it shall not be necessary for such appellant to give any Notice of Appeal but the notice of application for leave to appeal shall in such a case be deemed to be a Notice of Appeal.
(2)Where an application for leave to appeal has been made to the lower court, the Registrar of that court shall send to the Registrar of the Court notification of the result of the application in Form 6 in the Second Schedule to these Rules together with the original application for leave to appeal and the case shall thereafter be dealt with by the Court.
Order 17 Rule 8. Forwarding of Proceedings of the Lower Court to the Registrar
(1)When-
(a)the Registrar of the lower court has received a Notice of Appeal or an application to the court for leave to appeal or for extension of the time within which such notice shall be given; or
(b)the lower court has granted leave to appeal, the Registrar of the lower court shall-
(i)within 60 days of the filing of the Notice of Appeal, prepare the Record of Appeal in the manner prescribed in these Rules, encrypt and transmit it electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the a\ppeal is to be entered: Provided that ten hard/physical copies of the Record of Appeal shall also be transmitted for the records of the Court; and
(ii)forward the original exhibits in the case as far as practicable and any original depositions, information, inquisition, plea, or other documents usually kept by him or forming part of the record of the lower court together with the originals of any recognisances entered into or any other documents filed in connection with the appeal or application.
(2)Subject to the provisions of Rule 9 of this Order, the Registrar of the lower court shall forward to the parties in the appeal hard/physical and electronic copies of the Record of Appeal.
(3)The Court may allow the return of any exhibit to any party pending the hearing of the appeal and subject to such conditions as it may impose.
Order 17 Rule 9. Fees
(l)The fees set out in the Third Schedule shall be paid upon every appeal under this Order.
(2)The Court or the lower court may waive in whole or in part the payment of any fees or the making of any deposit.
(3)Fees shall not be payable in appeals in capital offence cases or where an Appellant is granted Legal Aid.
Order 17 Rule 10. Record in Criminal Appeals from Lower Court in Original Jurisdiction
(1)The Record of Appeal in appeals or applications relating to appeals from the lower court acting in its original jurisdiction in criminal cases shall be legible and contain the following items arranged in this order-
(a)the index;
(b)the charge or information;
(c)the Judge's notes of evidence and minutes of the proceedings: Provided that if an electronic recording of the hearing has been taken, a copy of the transcript thereof may be included, either in addition to or in substitution of the Judge's notes, as he may direct;
(d)the judgement or any additional ground or explanation thereof;
(e)the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(f)all documentary exhibits put in at the trial including depositions read in consequence of the absence of a witness: Provided that in the cases of books of accounts or other documents of great length, extracts of the relevant
portions thereof only shall be included; and
(g)the Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time in which such notice shall be given.
(2)It shall not be necessary for the Record of Appeal to contain copies of any recognisances entered into or documents filed in connection with the Appeal or application other than those set out in sub-rule (1) of this Rule unless the Court or a Judge of the lower court shall otherwise direct.
Order 17 Rule 11. Record in Criminal Appeals from Lower Court in Appellate Jurisdiction
(1)The Record of Appeal in appeals or applications relating to appeals from the lower court acting in its appellate jurisdiction in criminal matters shall contain legible, typed or printed copies of the following items arranged in this order-
(a)the index which shall include the particulars of the record of proceedings from the lower court;
(b)the record of proceedings from the trial court as submitted to the lower court;
(c)the Notice of Appeal and all other relevant documents filed in connection with the appeal in the lower court;
(d)the notes of the Judges on the hearing of the appeal and minutes of the proceedings;
(e)the judgment of the lower court;
(f)the Notice of Appeal to the Court or notice of application for leave to appeal to the Court or notice of application to the Court for extension of time in which such notice shall be given; and
(g)where leave to appeal has be granted by the lower court, a copy of the order granting leave to appeal.
(2)It shall not be necessary for the Record of Appeal to contain copies of any recognisances entered into for the purposes of the appeal in the lower court or the appeal or the application to the Court, unless the Court or a Judge of the lower court otherwise directs.
Order 17 Rule 12. Bail (Criminal Forms 8, 9 and 10)
(1)where the Court or the lower court admits an Appellant to bail pending the determination of his appeal, on an application by him duly made, such court shall specify the amount to which the Appellant and his surety or sureties(unless such court directs that no surety is required) shall be bound by recognisances and shall direct, if it thinks fit, before whom the recognisances of the Appellant and his surety or sureties (if any) may be taken.
(2)In the event of the lower court not making any special order or giving any special directions under this Rule, the recognisances of the Appellant and of his surety or sureties (if any) may be taken before the Registrar.
(3)The recognisances provided for in this Rule shall be in Forms 8 and 9 in the Second Schedule to these Rules.
(4)The Registrar of the lower court, shall forward the recognisances of the Appellant and his surety or sureties to the Registrar.
(5)An Appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and the final determination thereof. The Court may in the event of such Appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily dismiss the same and may issue a warrant for the apprehension of the Appellant in Form 10 in the Second Schedule to these Rules: Provided that the Court may consider the appeal in his absence, or make such other orders as it deems fit.
(6)When an Appellant is present before the Court, the Court may, on an application made by any person or, if it thinks so to do, without any application, make an order admitting the Appellant to bail, or revoke or vary, any such order previously made, or enlarge from time to time, the recognisances of the Appellant or of his sureties or substitute any other surety for a surety previously bound as it thinks rights.
(7)At any time after the an Appellant has been admitted to bail, the Court may, if satisfied that it is in the interest of justice so to do, revoke the order admitting the Appellant to bail and issue a warrant in Form 10 in the Second Schedule to these Rules.
Order 17 Rule 13. Fines
(1)Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment, to imprisonment, and such person remains in custody in default of payment of the fine, he shall be deemed, for purposes of appeal, to be a person sentenced to imprisonment.
(2)An Appellant who has been sentenced to payment of a fine and has paid the same or part thereof in accordance with sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the Court, to the refund of the sum or any part thereof so paid by him.
Order 17 Rule 14. Varying Order of Restitution of Property
Where upon the trial of a person entitled to appeal against his conviction, an order of restitution of any property to any person has been made by the lower court, the person in whose favour or against whom the order of restitution has been made, and with the leave of the Court , any other person, shall, on the final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made.
Order 17 Rule 15. Non-Suspension of Order of Restitution
Where the Judge of the lower court is of the opinion that the title to any property, the subject of an order of restitution made on a conviction of a person before him is not in dispute, he, if he is of the opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such direction to or impose such terms upon the person in whose favour the order of restitution is made, as he shall think right, in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.
Order 17 Rule 16. Non-Issuance of Certificate of Conviction
The Registrar of the lower court shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted by the lower court, once a Notice of Appeal or notice of application for leave is given, until the determination of such appeal or abandonment thereof.
Order 17 Rule 17. Notice of Abandonment of Appeal (Criminal Forms 11, 11A and 12)
(1)An Appellant may at any time after he has duly served a Notice of Appeal or application for leave to appeal or extension of time within which such notice shall be given, abandon his appeal giving notice of abandonment thereof to the Registrar, and upon the giving of such notice of abandonment, the appeal shall be deemed to have been dismissed as in Criminal Form 11 in the Second Schedule to these Rules.
(2)Upon the receipt of a notice of abandonment duly completed and/or marked by the Appellant or the party authorised to sign the notice under the Order, the Registrar shall give notice thereof in Form 12 in the Second Schedule to these Rules to the Respondent, the Correctional Centre authority and the Registrar of the lower court, and in the case of an appeal against a conviction involving a sentence of death shall in a like manner give notice to the Permanent Secretary of the appropriate Federal or State Ministry, for the information of the authority responsible for advising the president of the Federal Republic of Nigeria, the Governor of State, as the case may be, on the exercise of the prerogative of mercy, and the Registrar shall also return to the Registrar of the lower court any original documents and exhibit received from him.
Order 17 Rule 18. Withdrawal of Notice of Abandonment of Appeal (Criminal Form 13 and 13A)
An Appellant who has abandoned his appeal may, in special cases with the leave of the Court, withdraw his notice of abandonment by duly completing Form 13 or 13A, as the case may be, in the Second Schedule to these Rules (together with Form 7-Notice of Application for extension of time within which to appeal) and sending them to the Registrar.
Order 17 Rule 19. Attendance of Witness before the Court (Criminal Form 14, 15, 16 and 17)
(1)An Appellant before the Court may, where necessary, apply to the court that a necessary witness attends and be examined by the Court on his behalf as in Form 15 in the Second Schedule to these Rules.
(2)Where the Court grants the above application, an Order as in Form 14 in the Second Schedule to these Rules shall be served upon such witness specifying the time and place at which to attend for such purpose.
Order 17 Rule 20. Proceedings on Reference
When an order of reference is made by the Court to a special Commissioner, the question to be referred, and the person to whom as special Commissioner the same shall be referred, shall be specified in order. The Court may, in such order or by giving directions as and when it deems it necessary, specify whether the Appellant or Respondent or any person on their behalf may be present at any examination or investigation or at any stage thereof as may be ordered, and specify any and what powers of the Court may be delegated to such special Commissioner, and may require him from time to time to make interim reports to the Court upon the question referred to him and may, if the Appellant is in custody, give leave to him to be present at any stage of such examination or investigation and give the necessary directives to the Correctional Service Authority accordingly, and may give Directions to the Registrar that copies of any report made by such special Commissioner shall be furnished to the Appellant and the Respondent.
Order 17 Rule 21. Notice of Final Determination of Appeal (Criminal Form 18, 19, 20 and 21)
(1)On the final determination of any appeal, or of any application to the Court, the Registrar shall give to the appellant, if he be in custody and has not been present at such final determination, and to the Respondent and the Correctional Service Authority, notice of such determination in Form 18, 19, 20 and 21 under the Second Schedule to these Rules, as the case may be.
(2)In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving Notice of Appeal, send copies thereof to the Respondent, the Correctional Service Authority and the Permanent Secretary of the appropriate Federal or State Ministry, for the information of the authority responsible for advising the President or Governor of a State, as the case may be, on the exercise of the prerogative of mercy.
Order 17 Rule 22. Notification of Results of Appeal to Lower Court
(1)The Registrar at the final determination of an appeal shall notify, in such manner as he thinks most convenient, to the Registrar of the lower court, the decision of the Court in relation thereto, and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.
(2)The Registrar of the lower court shall on receiving notification referred to in this Rule, enter the particulars thereof on the records of such court.
Order 17 Rule 23. Return of Original Deposition, etc
Upon the final determination of an appeal by the Court for purposes of which the Registrar has obtained from the Registrar of the lower court any original depositions, exhibits, information, inquisition, plea or documents, usually kept by the said Registrar or forming part of the record of the lower court, the Registrar shall, after two (2) years, cause the same to be returned to the Registrar of the lower court.
Order 17 Rule 24. Service of Record of Appeal to the Supreme Court
(1)Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the Record of Appeal, serve upon every Appellant who has duly given a Notice of Appeal, and paid the fees fixed by the Registrar to cover the cost of Record of the Appeal, a copy of the Record of Appeal.
(2)The Record of Appeal may be served upon the Appellant in any manner prescribed by these Rules for the service of notice or other documents relating to an appeal.
(3)The Registrar shall thereafter cause to be served upon every Respondent in the appeal, who has filed an address for service, a copy of the Record of Appeal.
Order 17 Rule 25. Certificate of Service of Record on the Appellant/ Respondent (Criminal Forms 22 and 23)
(1)Within the fourteen (14) after the Record of Appeal has been served upon an Appellant, the Registrar shall certify under his hand that he had served the Record of Appeal upon every such Appellant. The certificate of service shall be in Criminal Form 22 or to like effect.
(2)In addition to the requirement of Order 7 Rule 4 of the Supreme Court Rules, the Registrar shall as soon as the Record and notice of compilation of the Record of Appeal to the Supreme Court have been served on the Appellant and the Respondent, as the case may be, transmit to the Supreme Court a certificate that a copy of the Record of Appeal to the Supreme Court has been served on the parties to the Appeal.
ORDER 18 — APPEALS FROM COURT MARTIALS AND TRIBUNALS
Order 18 Rule 1. Notice of Appeal and other Notices
(1)A person desiring to appeal to the Court against any decision of the lower court shall commence his appeal by sending to the Registrar of the lower court or other person or body imbued with or who performs such functions and powers as the Registrar of a regular court, a Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice respectively set forth as Forms l, 2, 3, 4, 5 or 7 in the Second Schedule to these Rules.
(2)A person sending any notice or notices under this Order shall answer the questions and comply with the requirements set forth therein.
(3)The Court may, of its own motion or on the application of the Appellant, grant leave to the Appellant to amend the notice or grounds of appeal and may grant leave to the Appellant to argue additional or amended grounds of appeal: Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the Respondent is necessary but had not been given, the Court may adjourn the appeal or make such order(s) as it may deem fit in the circumstances.
Order 18 Rule 2. Signing of Notice of Appeal and other Notices
(1)Every Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, shall be signed by the Appellant himself or his legal representative, except as stipulated under sub-rule (3) of this Rule.
(2)Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post or electronic means addressed to the person to whom such notice or other document is so required or authorised to be given or sent.
(3)Where an Appellant or any other person authorised or required to give or send any Notice of Appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such Appellant.
Order 18 Rule 3. When an Appeal is Brought
An appeal is brought when the Notice of Appeal has been filed in the Registry of the lower court.
Order 18 Rule 4. Application for Extension of Time
(1)An application to the Court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the Court, in the proper format of such application, a form duly filled, of Notice of Appeal, or notice of application for leave to appeal, or extension of time to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.
(2)Where the Court has, on a notice of application for leave or extension of time to appeal, duly sent and in the Form provided under these Rules, given an Appellant leave to appeal, it shall not be necessary for such Appellant to give any Notice of Appeal but the notice of application for leave to appeal shall in such a case be deemed to be a Notice of Appeal.
Order 18 Rule 5. Certificate of Conviction: When Registrar not to Issue
The Registrar of the lower court shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted in the lower court once a Notice of Appeal or notice of application for leave to appeal or notice of extension of time to appeal is given until the determination or abandonment of such notice.
Order 18 Rule 6. Record of Appeal
(1)When-
(a)the Registrar of the lower court has received a Notice of Appeal or an application to the court for leave to appeal or for extension of the time within which such notice shall be given; or
(b)the lower court has granted leave to appeal, the Registrar of the lower court shall-
(i)Within 60 days of the filing of the Notice of Appeal, prepare the Record of Appeal in the manner prescribed in these Rules, encrypt and transmit it electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered: Provided that ten hard/physical copies of the Record of Appeal shall also be transmitted for the records of the Court;
(ii)forward the original exhibits in the case as far as practicable and any original depositions, information, inquisition, plea, or other documents usually kept by him of forming part of the record of the lower court together with the originals of any recognisances entered into or any other documents filed in connection with the appeal or application; and
(iii)Subject to the provisions of Rule 9 of the Order, the Registrar of the lower court shall forward to the parties in the appeal hard/physical and electronic copies of the Record.
(2)The Court may allow the return of any exhibit to any pending hearing of the appeal and subject to such conditions as it may impose.
(3)The Record of Appeal in appeals or applications relating to appeals from the lower court shall be legible and contain the following items arranged in this order-
(a)the index;
(b)the charge or information;
(c)proof of evidence;
(d)notes of evidence and minutes of the proceedings: Provided that if an electronic recording of the hearing has been taken, a copy of the transcript thereof may be included, either in addition to or in substitution o the Judge's notes, as he may direct;
(e)the judgement or any additional ground or explanation thereof;
(f)the proceedings on on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(g)all documentary exhibits put in at the trial including depositions read in consequence of the absence of a witness: Provided that in the cases of books of account or other documents of great length, extracts of the relevant portions thereof only shall be included; and
(h)the Notice of Appeal or notice of application for leave to appeal or notice for application for extension of time within which such notice shall be given.
(4)It shall not be necessary for the Record of Appeal to contain copies of any recognisances entered into or documents filed in connection with the appeal or application other than those set out in sub-rule (1) of this Rule unless the lower court shall otherwise direct.
Order 18 Rule 7. Fees
(1)The fees set out in the Third Schedule to these Rules shall be paid upon every appeal under this Order.
(2)The Court or lower court may waive in whole or in part the payment of any fees or the making of any deposit.
(3)Fees shall not be payable in appeals against death sentences or where the Appellant is granted Legal Aid.
Order 18 Rule 8. Bail, Fines and Restitution
(1)Where the Court or the lower court admits an Appellant to bail pending the determination of his appeal on an application by him duly made, such Court shall specify the amounts in which the Appellant and his surety or sureties (unless such Court directs that no surety is required) shall be bound by recognisance and shall direct, if it thinks fit to do so, before whom the recognisance of the Appellant and his surety or sureties (if any ) may be taken.
(2)In the event of the lower court not making any special order or giving any special directions under this Rule, the recognisance of the Appellant and of his surety or sureties (if any) may be taken before the Registrar.
(3)The recognisance provided for in this Rule shall be in Forms 8 and 9 in the Second Schedule to these Rules.
(4)The Registrar of the lower court shall forward the recognisance of the Appellant and his surety or sureties to the Registrar.
(5)An Appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and at the final determination thereof. The Court may in the event of such Appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same and may issue a warrant for the apprehension of the Appellant in Form IO in the Second Schedule to these Rules: Provided that the Court may in its discretion, given the circumstances of each case, consider the appeal in his absence or make such other Order as it deems fit.
(6)When an Appellant is present before the Court, the Court may, on an application made by any person or, if it thinks right so to do, without any application, make an order admitting the Appellant to bail or revoke or vary any such order previously made, or enlarge from time to time the recognisance of the Appellant or of his sureties or substitute any other surety for a surety previously bound as it thinks right.
(7)At any time after an Appellant has been admitted to bail by the Court or where the Appellant was released on bail by the lower court, the Court may, if satisfied that it is in the interest of justice so to do, revoke the order admitting him to bail and issue a warrant in Form 10 in the Second Schedule of these Rules.
Order 18 Rule 9. Fines
(1)Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, and such person remains in custody in default of payment of the fine, he shall be deemed, for purposes of appeal, to be a person sentenced to imprisonment.
(2)An Appellant who has been sentenced to payment of a fine and has paid the same or part thereof in accordance with sentence, shall, in the event of his appeal being successful be entitled, subject to any order of the Court, to the refund of the sum or any part thereof so paid by him.
Order 18 Rule 10. Restitution
(1)Where, upon the trial of a person entitled to appeal against his conviction, an order of restitution of any property to any person has been made by the lower court, the person in whose favour or against whom the order of restitution has been made, and with the leave of the Court, any other person, shall, on the final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made.
(2)Where the lower court is of the opinion that the title to any property, the subject of an order of restitution made on a conviction of a person before it, is not in dispute, it, if it is of the opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such direction to or impose such terms upon the person in whose favour the order of restitution is made, as it deems fit in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.
Order 18 Rule 11 (1). Abandonment of Appeal
(1)An Appellant may, at any time after he has duly served a Notice of Appeal or application for leave to appeal or extension of time within which such notice shall be given, abandon his Appeal by giving notice of abandonment thereof to the Registrar, and upon such notice of abandonment being given, the appeal shall be deemed to have been dismissed by the Court. Notice of abandonment of an appeal shall be in Criminal Form 11 or 11A in the Second Schedule to these Rules, as the case may be.
(2)Upon receipt of a notice of abandonment duly completed and signed or marked by the Appellant or the party authorised to sign notice under Rule 4 of this Order, the Registrar shall give notice thereof, in Form 12 in the Second Schedule to these Rules, to the Respondent, the Correctional Service or military authority and the Registrar of the lower court, and in the case of an appeal against conviction involving a sentence of death, shall in like manner give notice to the Permanent Secretary of the Ministry of Defence (howsoever called), for the information of the authority responsible for advising the President of the Federal Republic of Nigeria on the exercise of the prerogative of mercy, and the Registrar shall also return to the Registrar of the lower court any original documents and exhibits received from him.
Order 18 Rule 11 (3). Withdrawal of Abandonment of Appeal
An Appellant who has abandoned his appeal may, in special cases with the leave of the Court, withdraw his notice of abandonment by duly completing Form 13 or 13A, as the case may be, together with Form 7 in the Second Schedule to these Rules and sending them to the Registrar.
Order 18 Rule 12. Procedure after Determination of Appeal
(1)Upon the final determination of any appeal, or of any application to the Court, the Registrar shall give to the Appellant, if he is in custody and has not been present at such final determination, and to the Respondent and the Correctional Service or military authorities, notice of such determination in Form 18, 19, 20 and 21 in the Second Schedule to these Rules, as the case may be.
(2)In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving Notice of Appeal, physically and electronically send copies thereof to the Permanent Secretary of the Ministry of Defence or other department of government for the information of the authority responsible for advising the President on the exercise of the prerogative of mercy, the Respondent, and to the Correctional Service or military authority.
(3)The Registrar shall, upon the final determination of an appeal, notify the Registrar of the lower court, in such manner as he thinks most convenient, the decision of the Court in relation thereto, and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.
(4)The Registrar of the lower court shall on receiving the notification referred to in this Rule, enter the particulars thereof on the records of such court.
(5)Upon the final determination of an appeal for purpose of which the Registrar has obtained from the Registrar of the lower court any original depositions, exhibits, information, inquisition, plea or documents, usually kept by the said Registrar, or forming part of the record of the lower court, the Registrar shall, where practicable, cause the same to be returned to the Registrar of the lower court.
Order 18 Rule 13. Service of Record of Appeal
(1)Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the Record of Appeal, serve upon every Appellant who has duly given a Notice of Appeal, and paid the fees fixed by the Registrar to cover the cost of Record of the Appeal, or whose fees have been waived in accordance with these Rules, a copy of the Record of Appeal.
(2)The Record of Appeal may be served upon the Appellant in any manner prescribed by these Rules for the service of notice or other documents relating to the appeal.
(3)The Registrar shall thereafter cause to be served upon every Respondent in the appeal, who has filed an address for service, a copy of the Record of Appeal.
(4)Within the fourteen (14) after a Record of Appeal has been served upon an Appellant, the Registrar shall certify under his hand that he had served the Record of Appeal upon every such Appellant. The certificate of service shall be in Criminal Form 22 in the Second Schedule to these Rules, or to like effect.
(5)In addition to the requirement of any relevant provision of the Supreme Court Rules, the Registrar shall as soon as the Record of Appeal to the Supreme Court have been served on the Appellant and the Respondent, as the case may be, transmit to the Supreme Court a certificate that the Record of Appeal to the Supreme Court has been served on either or both parties in the appeal thereto.
Order 18 Rule 14. Servings and Transitional Provisions
(1)No pending appeal from the decision of a Court Martial or other Tribunals or the process or proceedings of the Court, wholly or in part, shall become incompetent merely on account of non-compliance with the provisions of this Order, but upon the Rules coming into force, all appeals, processes or proceedings shall stand modified to conform with this Rules: Provided that on the coming into force of these Rules, all fresh appeals, processes or proceedings shall comply therewith.
(2)In any situation where there is no provisions or no sufficient provisions in this Order on any matter, recourse could be had to any relevant provisions of the Court of Appeal Act or any Rules of Practice of the Court for the time being in force and same shall apply to the situation with such modifications that are necessary.
ORDER 19 — BRIEFS OF ARGUMENT
Order 19 Rule 1. Application
This Order shall apply to all appeals coming from any lower court from which an appeal lies to this Court.
Order 19 Rule 2. Filing of Appellant's Brief
The Appellant shall within forty-five (45) days of the service on him of the Record of Appeal from the lower court file in the Court a written brief, being a succinet statement of his argument in the appeal.
Order 19 Rule 3. Forms and Content of a Brief
(1)The brief, which may be settled by Counsel, shall contain an address or addresses for service and shall contain what are, in the Appellant's view, the issues arising in the appeal.
(2)The reasons in the brief shall be supported by particulars of the titles, dates and pages of cases reported in the Law Reports or elsewhere including the summary of the decisions in such cases, which the parties propose to rely upon. Where necessary, reference shall also be made to relevant statutory instruments, law books, and other legal journals.
(3)The parties shall assume that briefs will be read and considered in conjunction with the documents admitted in evidence as exhibit during the proceedings of the lower court, and wherever necessary, reference shall also be made to all relevant documents or exhibits on which they propose to rely upon in arguments.
(4)All brief shall be concluded with a numbered summary of the points raised and the reasons upon which the argument is founded.
(5)Except to such extent as may be necessary to the development of the argument, briefs need not set out or summarise Judgments of the lower court, nor set out statutory provisions, nor contain an account of the proceedings in the lower court nor of the facts of the case.
(6)-
(a)Except where the Court directs otherwise, every brief to be filed in the Court shall not exceed thirty-five (35) pages.
(b)The brief shall be legible, well-bound, prepared in 210mm by 297mm paper size (A4) and typed in clear typographic characters. The font type shall be Arial, Times New Roman or Tahoma of 14 font size with at least 1.5 line spacing between.
(c)Every brief, whether in physical or electronic form, which does not comply with the page limit and page size requirements of this Order shall not be accepted by the Registry for filing.
Order 19 Rule 4. Filing of Respondent's Brief
(1)The Respondent shall also, within thirty (30) days of the service of the brief of the Appellant on him, file the Respondent's brief which shall be duly endorsed with an address or addresses for service.
(2)The Respondent's brief shall answer all material points of substance contained in the Appellants brief and contain all points raised therein which the Respondent wishes to concede as well as reasons why the appeal ought to be dismissed. It shall, mutatis mutandis, also conform to Rule 3(1),(2),(3),(4),(5) and (6) of this Order.
Order 19 Rule 5. Filing of Reply Brief
(1)The Appellant may also, if necessary, with in fourteen (14) days of the service on him of the Respondents brief, file and serve or cause to be served on the Respondent, a reply brief which shall deal with all new points and points of preliminary obJect1on or any challenge to the appeal raised and argued in the Respondent's brief.
(2)Except where the Court directs otherwise, every Reply brief to be filed in Court shall not exceed fifteen (15) pages and shall conform with Rule 3 (2), (4), (5), (6)(b) and (c) of this Order.
Order 19 Rule 6. Joint and Several Briefs
All parties whose interests are identical or joint shall file joint briefs. Separate briefs may be filed only by those parties whose interests are separate or are in conflict.
Order 19 Rule 7. Cross Appeals or Respondent's Notice
(1)A Respondent may, without leave, include arguments in respect of a cross-appeal or a Respondent's Notice in his brief for the main appeal and the cross appeal or Respondent's Notice.
(2)Within thirty (30) days of service of the Cross Appellant's brief in the cross-appeal on the Appellant, the Appellant shall file a Cross Respondents brief.
(3)The Cross Appellant may, if necessary, within fourteen (14) days of the service on him of the Cross Respondent's brief, file and serve or cause to be served on the Cross Respondent a reply brief which shall deal with all new points and points of preliminary objection or any challenge to the cross appeal raised and argued in the Cross Respondent's brief.
(4)All briefs under this Rule shall conform with Rule 3 (l), (2), (3), ( 4), (5) and (6) of this Order.
Order 19 Rule 8. Number and Service of Documents and Summary of Cases
Briefs shall be filed in the Court in hard/physical and electronic forms. For the purpose of physical filing, ten copies of all briefs in respect of the appeal and a copy of an electronic device containing the briefs, duly and carefully preserved shall be filed in Court. All such copies shall be duly endorsed for service on the other side, which shall also be duly paid for by the party filing the same.
Order 19 Rule 9. Oral Arguments
(1)Oral argument may, at the discretion of the Court, be allowed at the hearing of appeal to emphasise and clarify the written argument appearing in the briefs already filed in Court.
(2)The Appellant shall be entitled to open and conclude the argument. Where there is a cross-appeal or a Respondents Notice, the Appeal and such cross-appeal or Respondents Notice shall be argued together with the appeal as one case and within the time allotted for one case and the Court may, having regard to the nature of the Appeal, inform the parties who is to open and close the argument.
(3)Unless otherwise directed, fifteen minutes on each side will be allowed for argument.
(4)When an appeal is called and the parties have been duly served with the notice of hearing, but a party or any Legal Practitioner appearing for him does not appear to present oral argument even though briefs have been filed by all parties concerned in the appeal, the appeal will be treated as having been duly argued.
Order 19 Rule 10. Consequent of Failure to File Brief
(1)Where an Appellant fails to file his brief within the time provided for in Rule 2 of this Order, or within the time as extended by the Court, the Respondent may apply to the Court for the appeal to be dismissed for ant of prosecution. If the respondent fails to file his brief, he will not be heard in oral argument. Where an Appellant fails to file a reply brief within the time specified in Rule 5, he shall be deemed to have conceded all the new points or issues arising from the Respondent's Brief.
(2)Where an Appellant fails to file his brief within the time provided for in Rule 2 of this Order, or within the time as extended by the Court, the Court may, suo motu, dismiss the appeal for want of prosecution.
(3)Where a Respondent who has been duly served with the Appellant's brief fails to file his brief within the time stipulated in this Order, or within the time as extended by the Court, the Court shall, upon being satisfied that the Respondent was duly served with a hearing notice, hear the appeal without the necessity of an application by the Appellant to hear the appeal on the Appellant's brief alone.
Order 19 Rule 11. Accelerated Hearing
The Court may, where it considers the circumstances of an appeal to be exceptional, or where the hearing of an appeal ought to be accelerated in the interest of justice, waive compliance with the provisions of this Order in so far as they relate to the preparation and filing of briefs of argument either wholly or in part or reduce the time limits specified in this Order, to such extent as the Court may deem reasonable in the circumstances of the case.
Order 19 Rule 12. Stay of Computation of Time and Exemption from Payment of Default Fees
Notwithstanding the provisions of Order 19 Rules 2, 4, and 5 of this Order and Order 12 Rule 1 of this Rules, the computation of time to-
(a)file any court processes within a prescribed period;
(b)do any act provided by this Rules; or
(c)pay default fees for extension of time within which to file a process or do an act;
shall be exempted during the occurrence of any event which disrupts the normal conduct of the business of the Court.
ORDER 20 — ELECTRONIC FILING
Order 20 Rule 1. Electronic Filing System of the Court
There shall be established a 24-hour electronic filing system in the Registry of the Court, functional in all Judicial Divisions of the Court, for the electronic filing of Court processes and documents by the parties.
Order 20 Rule 2. Electronic Filing Unit in every Judicial Division
There shall be established an electronic filing unit in the Registry of every Judicial Division of the Court with the responsibility of administering the electronic filing system of the Court and the management of processes and documents electronically transmitted to the Court through the Court's electronic filing system.
Order 20 Rule 3. Electronic Filing after 2pm
Subject to Order 3 Rule 10, where a process is filed through the filing portal of the electronic filing system of the Court after 2pm on any working day, it shall be deemed to have been filed on the next working day.
Order 20 Rule 4. Fees
(1)The electronic filing system of the Court shall assess the fees payable for every process sought to be filed and upon payment of the relevant fees, the system shall generate a receipt of payment.
(2)An electronically filed process shall be deemed as filed upon the payment of the relevant fees.
Order 20 Rule 5. Manual and Electronic Filing of Processes
The electronic filing system shall run parallel with the existing manual filing procedure in these Rules until such time as the President directs otherwise.
Order 20 Rule 6. Electronic Sealing of Documents
The Registrar in charge of the electronic filing unit in the Registry of the Court shall electronically seal and date every document filed through the electronic filing system.
Order 20 Rule 7. Electronic Files for Appeal
The electronic filing unit of the Registry of the Court shall create an electronic file for each appeal filed in the Court. Every electronically filed process and document in each appeal shall be uploaded and stored for access by the Justices and the processes tiled in on appeal shall be duly served on the parties to the appeal.
Order 20 Rule 8. Electronic Signature
An electronic signature shall constitute the parties signature on every electronically filed process.
Order 20 Rule 9. Practice Directions for Electronic Filing
The President shall periodically issue Practice Directions to provide fort he manner and form of electronic filling of processes and the administration of the electronic filing system of the Court.
ORDER 21 — VIRTUAL HEARING
Order 21 Rule 1. Virtual Hearing of the Court
The Court may conduct its proceedings virtually where it deems fit.
Order 21 Rule 2. Medium and Access link for Virtual Hearing
Virtual hearing shall be by means of any audio-visual platform approved by the Court and a link will be provided to enable the public to observe the virtual proceedings.
Order 21 Rule 3. Notification of Virtual Hearing
Where the court adopt virtual hearing for any proceedings in an appeal, the Registrar shall notify the parties.
Order 21 Rule 4. Dress code
The Justices of the Court and the Counsel appearing in an appeal shall be fully robed for the virtual hearing.
Order 21 Rule 5. Rules on etiquette
All rules and practice on decorum and etiquette during a physical hearing shall be observed by the Counsels and parties during virtual hearing.
Order 21 Rule 6. Publication of Cases for Virtual hearing
Cases for virtual hearing shall be stated in the cause list of the Court by the Registrar and shall be posted on the official website and Notice Board (manual or electronic) of the Court; and shall be communicated to the parties either by email or any other electronic means as the Court may direct.
Order 21 Rule 7. Directive of the Court
It shall be the duty of the Court to give directive on the conduct of virtual hearing in any appeal which shall be in accordance with any relevant law, the Rules of Court and any Practice Direction made pursuant to these Rules.
Order 21 Rule 8. Practice Direction on Virtual Hearing
The President may periodically issue Practice Directions for the regulation of virtual hearing.
ORDER 22 — CASE SCHEDULING AND MANAGEMENT SYSTEM
Order 22 Rule 1. Implementation of Case Scheduling and Management System
The Court shall implement a case scheduling and management system (CSMS) that will be functional in all the Judicial Divisions of the Court for the purpose of efficient and effective management of case-load and case scheduling.
Order 22 Rule 2. Review of Progress of Case Scheduling and Management System
In the implementation of the CSMS, the Court may, at any time, of its own initiative or on notice to the parties, review the progress of an appeal and give directions to facilitate the efficient and timely determination of such appeal.
Order 22 Rule 3. Practice Direction on Case Scheduling and Management System
The President may periodically issue Practice Directions to provide for the manner, form and administration of the CSMS of the Court.
ORDER 23 — JUDGMENT
Order 23 Rule 1. Deliver of Judgment
The judgment of the Court shall be pronounced in an open court or at a virtual hearing either on the hearing of the appeal or at any subsequent time, prior to which notice shall be given by the Registrar to the parties in the appeal.
Order 23 Rule 2. Notice of Counsel of Reserved Judgement
Whenever a reserved judgment is to be given and the Counsel concerned are duly notified, the presence of such Counsel or their juniors is required in Court when Judgment is being delivered. Failure to observe this will be regarded as an act of disrespect to the Court.
Order 23 Rule 3. Enrollment of Judgment
(1)Every judgment of the Court shall be embodied in an Order.
(2)A sealed or certified copy of the Order shall be sent by the Registrar to the lower court.
(3)Interlocutory order shall be prepared in like manner.
Order 23 Rule 4. Review of Judgment
The Court shall not review any judgment once given and delivered by it, save to correct any clerical mistake or some error arising from any accidental slip or omission, or to vary the judgment or order so as to give effect to its meaning or intention. A judgment or order shall not be varied when it correctly represents what the Court decided nor shall the operative substantive part of it be varied and a different form substituted.
Order 23 Rule 5. Enforcement of Judgment
Any judgment given by the Court may be enforced by the Court or by any other court, which has been seised of the matter, as the Court may direct.
Order 23 Rule 6. Execution of Judgment by the Lower Court
When the Court directs any judgment to be enforced by another court, a certificate under the seal of the Court and the hand of the Presiding Justice setting forth the judgment shall be transmitted by the Registrar to such other court, and the latter shall enforce such judgment in terms of the certificate.
Order 23 Rule 7. Costs
Where the costs of an appeal are allowed, they may either be fixed by the Court at the time when the judgment is given or may be ordered to be taxed.
Order 23 Rule 8. Notification of Judgment
(1)The Registrar, at the final determination of an appeal shall notify the Registrar of the lower court, in such manner as he thinks most convenient, the decision of the Court in relation thereto and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.
(2)The Registrar of the lower court shall, on receiving the notification referred to in this Rule, enter the particulars thereof on the records of such court.
Order 23 Rule 9. Final Disposal of Exhibits, Documents, etc
Upon the final determination of an appeal for purposes of which the Registrar has obtained from the Registrar of the lower court any original depositions, exhibits, information, inquisition, plea or documents, usually kept by the said Registrar, or forming part of the record of the lower court, the Registrar shall, where practicable, cause the same to be returned to the Registrar of the lower court.
Order 23 Rule 10. Interlocutory Judgment not to Prejudice Appeal
No interlocutory judgment or order from which there has been no appeal shall operate as to bar or prejudice the Court from giving such decision upon appeal as may seem just.
Order 23 Rule 11. Power of the Court to Give Any Judgment or Order
(1)The Court shall have the power to give any judgment or make any order that ought to have been made and to make such further order(s) as the case may require including any order as to costs.
(2)The powers contained in sub-rule 1 of this Rule may be exercised by the Court, notwithstanding that the appellant may have asked that part only of a decision may be reversed or varied, and may also be exercised in favour of all or any of the Respondents or parties, although such Respondents or parties may not have appealed from or complained of the decision.
ORDER 24 — VACATION
Order 24 Rule 1. Vacation
The Court shall proceed on an annual vacation for a period not exceeding ten (10) weeks between July and September of each year, as the President may by Notice direct.
Order 24 Rule 2. President's Directive on Court Sitting
The Court shall not sit during Easter, Sallah or Christmas periods, except where the President otherwise directs.
Order 24 Rule 3. Court Sitting during Vacation
The President may constitute a panel(s) of the Court to sit during annual vacation to hear and determine any urgent matter.
Order 24 Rule 4. Vacation not Reckoned in Time for Briefs
Except as applicable in Rule 3 above, the time for the filing of briefs of argument shall not run during the period of annual vacation.
ORDER 25 — MISCELLANEOUS
Order 25 Rule 1. Records of Appeal from Sharia and Customary Courts of Appeal
(1)Record of Appeal from the Sharia Court of Appeal or the Customary Court of Appeal, intended for use in the Court, shall be compiled in English language as well as the language used in the proceedings before the court.
(2)Ten hard/physical certified copies of the Record of Appeal in English language, one certified copy of the electronic version of the Record of Appeal and three certified copies in the other language shall be forwarded to the Court and in case of the electronic version, through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered.
Order 25 Rule 2. Departure from the Rules
The Court may in the interest of justice, direct a departure from these Rules.
Order 25 Rule 3. Waiver of Non-compliance
(1)The Court may, where it considers it in the interest of justice to so do, waive compliance by the parties with these Rules or any part thereof; except in relation to Record of Appeal compiled in a language other than English Language.
(2)Where there is such waiver of compliance with the Rules, the Court may in such manner as it thinks right direct the Appellant or the Respondent as the case may be, to remedy such non-compliance or may, notwithstanding, order the appeal to proceed or give such direction as it considers necessary in the circumstances.
(3)The Registrar shall forthwith notify the Appellant or the Respondent, as the case may be, of such order or directions given by the Court under this Rule where the Appellant or the Respondent was not present at the time when such order was made or directions were given.
Order 25 Rule 4. List of Law Reports, Textbooks, etc
As early as possible before the date set down for hearing of any appeal before the Court and in any event not later than two clear days before such date, all the parties or the Legal Practitioners representing them shall forward to the Registrar a list of the law reports, textbooks and other authorities which parties or legal practitioners representing them intend to cite at the hearing of the appeal.
Order 25 Rule 5. Application to Strike Out, etc
(1)An application to strike out or set aside for non-compliance with these Rules. or any other irregularity arising from the rules of practice and procedure in this Court, any proceedings or any document, judgment or order therein shall only be entertained by the Court if it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2)An application under this Rule may be made by motion on notice and the grounds of objection must be stated therein.
Order 25 Rule 6. Rules of Court Advisory Committee
(1)There shall be constituted a body to be known as the Rules of Court Advisory Committee comprising of-
(a)Not less than five Justices of the Court one of whom shall be the Chairman ; and
(b)Not less than three members of the Bar to be appointed by the President .
(2)It shall be the duty of the committee to advise the President, from time to time, in the exercise of the powers conferred upon him by the Constitution or under any law, to make Rules for regulation or making provision with respect to practice and procedure in the Court.
(3)Every member of the Committee shall remain a member thereof for such period as the President may in his discretion prescribe, either at the time of the appointment of the member or at any time thereafter.
Order 25 Rule 7. Practice Direction
The President may at any time, by notice, declare a practice of the Court as practice direction, and whenever the declaration is made, such practice direction shall be regarded as part of these Rules.
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