PRACTICE AND PROCEDURE IN THE COURT OF APPEAL: AN OVERVIEW

BY

MOHAMMED MONGUNO, ESQ

BEING A DISCUSSION PAPER PRESENTED DURING THE LAW WEEK OF THE NIGERIAN BAR ASSOCIATION (NBA), MAIDUGURI AND BIU BRANCHES 

ON

 29TH JULY, 2025 

AT 

THE BORNO STATE HOTELS, MAIDUGURI

 

 

INTRODUCTION

The Court of Appeal occupies a pivotal position within Nigeria’s judicial framework, acting as the essential appellate bridge between trial courts and the Supreme Court. It is constitutionally mandated to review and correct errors in law, fact, and procedure from lower courts, thus ensuring uniformity and integrity in judicial outcomes.

This paper provides a structured overview of the practice and procedure before the Court of Appeal. It explores key aspects such as jurisdictional scope, procedural steps, recent reforms, and persistent challenges. It is intended as a practical guide for appellate advocates and those seeking to deepen their understanding of appellate litigation in Nigeria.

 

HISTORICAL AND JURISDICTIONAL BACKGROUND

The Court of Appeal, as the penultimate Court in the hierarchy of Courts in Nigeria, was established under the 1976 Court of Appeal Decree and is now constitutionally backed by Section 237 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Section 237 provides:

1. There shall be a Court of Appeal. 
2. The Court of Appeal shall consist of – 
3. a President of the Court of Appeal; and (b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned in Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly. 

Originally conceived to ease the burden on the Supreme Court, the Court has grown into a vital arm of the Nigerian judiciary with multiple divisions across the country.

JURISDICTION OF THE COURT OF APPEAL

Original Jurisdiction

The Court of Appeal has exclusive original jurisdiction to hear and determine any question as to whether any person has been validly elected to the office of the President or Vice-President of the Federation; the term of the office of the President or Vice-President has ceased; or the office of the President or Vice-President has become vacant. Where the Court of Appeal sits to determine whether any person has been validly elected to the office of the President or Vice-President of the Federation, the Court shall be duly constituted if it consists of at least three justices of the Court of Appeal.

Appellate Jurisdiction

The Constitution clothes the Court of Appeal with exclusive appellate jurisdiction to hear and determine appeals from:

1. Federal High Court
2. National Industrial Court
3. High Court of the Federal Capital Territory, Abuja
4. High Court of a State
5. Sharia Court of Appeal of the Federal Capital Territory, Abuja
6. Sharia Court of Appeal of a State
7. Customary Court of Appeal of the Federal Capital Territory, Abuja
8. Customary Court of Appeal of a State
9. Court-Martial
10. Other Tribunals as may be prescribed by an Act of the National Assembly.

Appeals from the Federal High Court or a High Court

Appeals as of Right

An appeal lies from the decisions of the Federal High Court to the Court of Appeal as of right in the following cases:

1. Final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at first instance.
2. Where the ground of appeal involves questions of law alone, decisions in any civil and criminal proceedings.
3. Decisions in any civil or criminal proceedings on questions as to the interpretation or application of the Constitution.
4. Decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person.
5. Decisions in any criminal proceedings to which the Federal High Court or a High Court has imposed a sentence of death.
6. Decisions made or given by the Federal High Court or a High Court:

• • Where the liberty of a person or the custody of an infant is concerned;
  • Where an injunction or the appointment of a receiver is granted or refused;
  • In the case of a decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeasance or otherwise;
  • In the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability; and
  • In such other cases as may be prescribed by any law in force in Nigeria.

The Court of Appeal does not have the jurisdiction to entertain issues on the following, as the Constitution expressly provides that nothing in Section 241 shall confer any right of appeal:

1. From a decision of the Federal High Court or any High Court granting unconditional leave to defend an action;
2. From an order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree nisi; and
3. Without the leave of the Federal High Court or a High Court, or of the Court of Appeal, from a decision of the Federal High Court or High Court made with the consent of the parties or as to costs only.

Appeals with Leave

Other than appeals as of right, all other appeals shall lie from the decisions of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or that of the High Court or the Court of Appeal. The Court of Appeal may dispose of any application for leave to appeal from any decision of the Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court after consideration of the record of the proceedings, the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.

 

Who may Appeal and how

Any right of appeal to the Court of Appeal from the decisions of the Federal High Court, National Industrial Court or a High Court conferred by the Constitution shall be exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or High Court or the Court of Appeal at the instance of any other person having interest in the matter, and in case of criminal proceedings at the instance of an accused person or, subject to the provisions of the Constitution and any powers conferred upon the Attorney-General of the Federation or the Attorney-General of a State to take over and continue or to discontinue such proceedings, at the instance of such other authorities as may be prescribed and also exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

 

Appeals from the National Industrial Court of Nigeria

Appeal as of right

An appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental rights as contained in Chapter IV of the Constitution, as it relates to matters upon which the National Industrial Court has jurisdiction.

Appeals with Leave

An appeal shall only lie from the decision of the National Industrial Court as of right to the Court of Appeal as may be prescribed by an Act of the National Assembly, provided that where an Act or Law prescribes that an appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal, such appeal shall be with the leave of the Court of Appeal.

Finality of the decisions of the Court of Appeal

The decision of the Court of Appeal in respect of any appeal arising from any civil jurisdiction of the National Industrial Court shall be final.

Who may Appeal and how

Any right of appeal to the Court of Appeal from the decisions of the Federal High Court, National Industrial Court or a High Court conferred by the Constitution shall be exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or High Court or the Court of Appeal at the instance of any other person having interest in the matter, and in case of criminal proceedings at the instance of an accused person or, subject to the provisions of the Constitution and any powers conferred upon the Attorney-General of the Federation or the Attorney-General of a State to take over and continue or to discontinue such proceedings, at the instance of such other authorities as may be prescribed and also exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

 

Appeals from the Sharia Court of Appeal

Appeals as of Right

An Appeal shall lie from decisions of a Sharia Court of Appeal to the Court of Appeal as of right in any civil proceedings before the Sharia Court of Appeal with respect to any question of Islamic personal law which the Sharia Court of Appeal is competent to decide.

Who may Appeal and how

Any right to appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal as conferred by Section 244(1) of the Constitution shall be exercisable at the instance of a party thereto or, with the leave of the Sharia Court of Appeal, at the instance of any other person having an interest in the matter; and exercised in accordance with an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

 

Appeals from the Customary Court of Appeal of a State

Appeals as of Right

An Appeal shall lie from decisions of a Customary Court of Appeal to the Court of Appeal as of right in any civil proceedings before the Customary Court of Appeal with respect to any question of customary law and such other matters as may be prescribed by an Act of the National Assembly.

Who may Appeal and how

Any right to appeal to the Court of Appeal from the decisions of a Customary Court of Appeal as conferred by Section 245(1) of the Constitution shall be exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal, at the instance of any other person having an interest in the matter; and exercised in accordance with an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

 

Appeals from the Code of Conduct Tribunal and other courts and tribunals

Appeals as of Right

An appeal to the Court of Appeal shall lie as of right from:

1. Decisions of the Code of Conduct Tribunal established in the Fifth Schedule to the Constitution;
2. Decisions of the National and State Houses of Assembly Election Tribunals; and
3. Decisions of the Governorship Election Tribunals, on any question as to whether any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under the Constitution, any person has been validly elected to the office of a Governor or Deputy Governor, or the term of office of any person has ceased or the seat of any such person has become vacant.

The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the National Assembly.

Finality of the decisions of the Court of Appeal

The decision of the Court of Appeal in respect of appeals arising from the National and State Houses of Assembly election petitions shall be final. 

 

Appeals from Court Martial Decisions

An appeal from a Court Martial to the Court of Appeal generally requires the Court’s leave, except in cases involving a sentence of death, where an appeal is automatic and must be filed within 10 days. Other appeals must be filed within 40 days of the court-martial’s decision. The Court may extend filing deadlines and consider opinions from the judge advocate when deciding whether to grant leave.

The Court of Appeal may:

• Quash a conviction if it finds legal errors, a lack of evidence, or a miscarriage of justice.
• Dismiss an appeal if no substantial miscarriage of justice occurred.
• Substitute a lawful sentence or conviction for a lesser offence.

Appellants usually cannot attend the hearing unless permitted, and may submit their case in writing. A single Justice may handle preliminary matters, but appeals are heard by at least three Justices. If an application is dismissed as frivolous, the Court may order the sentence to begin from that date.

A death sentence cannot be carried out until the appeal period ends or the appeal is resolved. If a conviction is overturned, retrial for the same offence is barred. The Registrar handles administrative duties, while the Attorney-General of the Federation defends court-martial appeals. The process is governed by the Armed Forces Act and the Court of Appeal Act (where not inconsistent).

Constitution of the Court of Appeal

To exercise any jurisdiction conferred upon it by the Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from a Sharia Court of Appeal, if it consists of not less than three Justices of the Court of Appeal learned in Islamic personal law; and a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law.

 

COMMENCING AN APPEAL

As seen above, any party dissatisfied with a decision of a lower court may appeal, subject to constitutional or statutory limitations. An appeal may lie as of right or with leave. Generally, appeals as of right involve questions of law alone, while appeals with leave involve mixed questions of law and fact or fact alone. However, orders of the court made ex parte, or by consent of the parties or relating only to costs, are not appealable.

Timeframe for Appeals

1. Civil appeals: Within 3 months.
2. Criminal appeals: Within 90 days.
3. Interlocutory decisions: Within 14 days.

Where an application for leave to appeal is made in the first instance to the court below, a person making such application shall, in addition to the period prescribed by the above timeframes, be allowed a further period of fifteen days, from the date of the determination of the application by the court below, to make another application to the Court of Appeal.

 

APPELLATE PROCEDURE AND DOCUMENTATION

Notice of Appeal

This is the foundational document that initiates the appeal. It must clearly state the parties, the decision being appealed, the grounds of appeal, and the reliefs sought. Every notice of appeal shall be served on the Respondent personally or by electronic mail to the electronic mail address of the Respondents, 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. It is pertinent to note that other processes in the appeal need not be served personally. It is important to note the following requirements in respect of a notice of appeal:

1. 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.
2. 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.
3. The notice of appeal shall be signed by the Appellant or his legal representative. The Supreme Court, in the recent case of Habu v. Sule, held as follows:

“…The position of the law is therefore, robustly settled that an originating process signed and issued by a law firm is incompetent and liable to be struck out. The processes used in court must be duly signed by a legal practitioner in his proper name as enrolled to practice law in Nigeria under the Legal Practitioners’ Act. Law practice in Nigeria is well regulated. If the law must be respected, the court should not close its eyes to any breach of the law. Since the decision of this court in 2007 in Okafor v. Nweke (supra), it is expected that 14 years on, all legal practitioners in practice should be well guided on how to take out processes and filing processes in courts. That it keeps happening is not an encouraging development. This court must therefore, be up and doing in beating off all those incompetent processes until the lesson is bitterly learnt and assimilated by the least of legal practitioners. In this case, the originating notice of appeal filed at the lower court was signed by “I.A. Yusuf & Co.” This clearly indicates that the notice of appeal was not signed by any person known to law, the name I.A. Yusuf & Co., not being on the roll of legal practitioners under sections 2(1) and 24 of the Legal Practitioners Act. The originating notice of appeal to the court below is in this case incompetent. An incompetent originating process cannot activate the jurisdiction of the Court of Appeal. Any decision given by any court without jurisdiction is a nullity. The decision of the lower court was therefore, given without jurisdiction. That decision is therefore, a nullity. That being a nullity cannot ground an appeal to this court…”

In Olowe & Anor. v. Aluko,  the Supreme Court held that a Statement of Claim signed in the name of a law firm, such as Akeredolu & Olujimi, is not defective if the firm’s name refers to identifiable, enrolled legal practitioners. The Writ of Summons in that case was validly signed by Akin Olujimi, SAN, a named practitioner. The decision does not alter the rule in Okafor v. Nweke. The Court’s reasoning in Olowe relates solely to procedural documents and does not support a broader change in the law.

1. 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 evidence.

The Court of Appeal, in deciding an appeal, is not restricted or 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. A notice of appeal may be amended by or with the leave of the Court at any time. The Court has 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.

 

Record of Appeal

This includes all the proceedings, exhibits, and judgments from the trial court. 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. The Registrar of the lower court is responsible for compiling, serving the parties and transmitting the record of appeal to the Court within sixty days after filing a notice of appeal. Where at the expiration of sixty 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 within 60 days, it shall become mandatory for the Appellant to compile and transmit the record of appeal within thirty days after the Registrar’s failure or neglect. Upon regularization, records filed out of time shall be deemed to have been filed within the ninety day period and not on the day the application for extension of time was granted. 

Respondent’s Notice

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 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. The time within which to serve the Respondent’s notice are as follows:

1. Interlocutory decisions: Within fifteen days after the service of the notice of appeal on the Respondent.
2. In any other case: Within thirty days after the service of the notice of appeal on the Respondent.

 

Court of Appeal Alternative Dispute Resolution Programme

The Court of Appeal shall operate the Court of Appeal Alternative Dispute Resolution Programme (CAADRP) which shall be operated in accordance with the Court of Appeal (Alternative Dispute Resolution) Rules, 2021. The time stipulated for filing of briefs shall not begin to run until any ADR proceedings pursuant to Order 16 is finalised. The objective CAADR Rules is to enhance the administration of justice by establishing a Court of Appeal Alternative Dispute Resolution Centre (CAADRC), which shall provide services in ADR towards the speedy resolution of disputes. Consequently, the aim of the CCDRP shall be to:

1. Promote a just and speedy determination of civil appeals, interlocutory or substantive, which have been brought and are pending before the Court of Appeal in matters relating to breach of contract, liquidated money demand, matrimonial causes, child custody, parental actions, inheritance, chieftaincy or personal actions in tort or such other matters as may be mutually agreed by the parties;
2. Assist the parties in reaching an expeditious resolution of their disputes in all good faith in a fair, equitable and efficient manner;
3. Encourage disputing parties and their counsel to strive towards reducing the cost of litigation and associated delays thereby facilitating a fair and just resolution of disputes;
4. Promote Alternative Dispute Resolution mechanisms as veritable tools of dispute resolution in the Court and the Judiciary as a whole; and
5. Improve access to justice, user confidence in the Court system and afford the Court of Appeal including the President ample time for such matters or issues that are best resolved through litigation.

The President may appoint Registrars to oversee the branches of the Centre at the various divisions. The Court may, suo motu, or upon the application of any or both parties, refer pending civil appeals to CAADRC. Mediation under the CAADR Rules shall not exceed a period of 60 days from the date of the first mediation session. However, the Mediator may, in exceptional circumstances, extend the time limit by a period of 20 days or such further time as may be considered necessary for the favourable progression of the mediation.

The mediation shall end upon the following:

1. Filing in the Court of Appeal of a full and final Memorandum of Settlement;
2. Filing in the Court of Appeal of a Report of the Mediator after reasonable mediation between the parties has failed;
3. Filing of a Report to the Court of Appeal where upon expiration of the period fixed for mediation, the parties have not reached a full and final agreement;
4. Filing in the Court of Appeal of a Declaration signed by all parties and their Legal Practitioners addressed to the Mediator, to the effect that the mediation is terminated; or
5. Filing in the CAADRC of a declaration of the Mediator that it is necessary for him to withdraw as a Mediator for personal reasons or because of a potential conflict of interest, provided that the President will reassign the mediation to another Mediator for the process to start de novo.

The fees payable are contained in the schedule of fees. The parties shall bear joint responsibility for all administrative costs, including fees associated with the resolution of the dispute, provided always that such fees shall be equally shared between the parties unless otherwise agreed by the parties or as may be directed by the Administrator of the Centre. Section 28 of the Rules repealed the Court of Appeal (Mediation) Rules, 2018.

It is instructive to note that ADR judgments qualify for Senior Advocate of Nigeria application so counsel are encouraged to advise their clients to explore the avenue for settlement, where necessary.

 

Briefs of Argument

The Appellant shall, within forty-five days of the service on him of the record of appeal from the lower court, file in the Court a written brief, being a succinct statement of his argument in the appeal. Similarly, the Respondent shall, within thirty days of the service of the brief on him, file the Respondent’s brief. Finally, the Appellant may, if necessary, file a reply brief within fourteen days of the service on him of the Respondent’s brief. The time for filing briefs shall not run during the period of annual vacation.

Except the Court directs otherwise, every brief to be filed in court shall not exceed thirty-five pages, shall be legible, well-bound, prepared in 210mm by 297mm paper size (A4), and typed in clear typographical character. The font type shall be in Arial, Times New Roman, or Tahoma of 14 font size with at least 1.5 line spacing between.

Where the Appellant fails to file his brief, the Respondent may apply to the Court for the appeal to be dismissed for want 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, he shall be deemed to have conceded to all the new points or issues arising from the Respondent’s brief.

 

Court of Appeal Practice Directions

The Court of Appeal has the following Practice Directions in force:

1. The Court of Appeal (Fast Track) Practice Directions 2021, passed with the fundamental objective of enabling the Court to deal with fast-track appeals quickly and efficiently. Fast track appeals are debt appeals; tax matters; appeals pertaining to or connected with corruption, human trafficking, kidnapping, money laundering, rape and terrorism; and appeals by or against such national human rights intelligence, law enforcement, prosecutorial or security agencies. Rule 15 of the Directions revoked the Court of Appeal (Fast Track) Practice Directions 2014.
2. The Court of Appeal Practice Direction on Costs, 2021 which provides for fixed costs to be awarded by the Court of Appeal in a civil appeal and in an application in a civil appeal. However, the Court is still at liberty tp award higher costs or no costs, all, having regard to the peculiar or exceptional circumstances of the appeal or application concerned. Rule 3 of the Direction revoked the Practice Direction Order No. 3 of 2007.
3. Court of Appeal Covid-19 Practice Directions and Guidelines, 2021 which was made to govern the filing and hearing of matters during and possibly beyond the Covid-19 pandemic, to ensure continued access to justice by maintaining social distancing in Court so as to curtail the spread of Covid-19, and to ensure that remote hearing is conducted in accordance with the Constitution, applicable laws and Rules of Court.
4. The Court of Appeal Practice Directions on Preelection, Election and Political Parties’ Leadership Matters, 2021 which was made to establish an orderly disposition of all appeals pertaining to preelection, election and leadership of political parties, to obviate the incidences of conflicting decisions in various divisions, and ensure the expeditious disposition of all appeals pertaining to preelection, election and the leadership of political parties.
5. The Court of Appeal (Exemption of Payment of Default Fees for the Filing of Court Processes) Practice Direction (No. 1), 2021 which was made to exempt the period covering the pendency of the JUSUN strike (6th April, 2021 to 14th June, 2021) from computation of time to file all court processes within a prescribed period, do an act provided by the Rules, and pay default fees for extension of time within which to file a process or do an act.

 

NOTABLE PROVISIONS OF THE COURT OF APPEAL RULES, 2021

The Court of Appeal Rules, 2021 (the “New Rules”) repeals and replaces the Court of Appeal Rules, 2016 (the “Old Rules”), introducing a number of significant reforms aimed at enhancing efficiency, reducing delays, and modernizing appellate procedure in Nigeria. Below is a detailed summary of key innovations under the New Rules, with references to specific provisions.

Electronic Filing and Service

The New Rules formally recognize electronic filing and service of court processes, including Notices of Appeal, applications (e.g., motions), Records of Appeal, and Briefs of Argument. Electronic filing and service are meant to augment, not replace, physical filing. For instance, Respondents are required to file ten hard copies and one electronic copy of their Notice of Address within fourteen days. 

Procedure for Applications

Under the New Rules, all applications must be accompanied by a written address. A Respondent must file a response within five days, and the Applicant may file a reply within three days. The written address and any reply on points of law must not exceed three (3) pages. However, the Rules are silent on when the timeline begins to run – whether from the date of filing or service. Practitioners may adopt the established position in other courts, where time begins to run from the date of service.

Compilation and Transmission of Records

The New Rules permit electronic transmission of Records of Appeal and reduce the number of physical copies to ten. A regularized record is deemed transmitted within the statutory ninety-day period, regardless of when the application to regularize was granted. Respondents may seek leave for departure from the Rules to compile and transmit records for expedited hearing. Where an appeal is struck out for failure to transmit records, an application to relist must be filed within 7 days, showing good cause.

Restriction on Number of Counsel Appearing

A Senior Advocate of Nigeria (SAN) shall not appear with more than five (5) additional counsel; other counsel may not appear with more than two (2) additional counsel. However, in practice, the Court allows more than is provided under the Rules, provided that the permission of the justices before any such appearance.

Cause Lists and Notifications

Weekly cause lists must be published on the Court’s notice board and official website every Friday. Notifications of court sittings may be sent via physical and/or electronic means. 

Interim Injunctive Relief Pending Appeal

The New Rules empower the Court to issue interim injunctions or other protective orders pending the determination of an appeal, even where no application was made in the lower court. 

No Automatic Stay of Lower Court Proceedings

The lower court is not required to stay proceedings or adjourn sine die where the ongoing matter is not impacted by the appeal entered at the Court of Appeal.

Treatment of Applications in Absence of Parties

Where parties fail to appear or fail to file necessary processes within the stipulated time, the Court shall treat the application as argued. Further, costs may be awarded against counsel who file incompetent applications.

Incompetent Notices of Appeal

A Notice of Appeal will not be struck out unless the defect is fundamental.

Security for Costs

An Appellant is required to deposit not less than ₦50,000 with the Deputy Chief Registrar for diligent prosecution and potential costs, except where the Appellant is indigent or a government entity. 

Reduced Number of Physical Copies

The requirement of twenty physical copies under the Old Rules is reduced to ten physical copies plus one electronic copy.

Preliminary Objections

Preliminary objections must now be included within the Respondent’s Brief of Argument rather than filed separately.

Withdrawal of Appeals by Consent

An appeal may be deemed withdrawn upon the filing of relevant documents indicating mutual consent of the parties. 

Appeals by Indigent Persons

Applicants wishing to proceed as indigent persons must satisfy the Court of their indigence by applying to the Court via notice of motion, supported by an affidavit, for leave to prosecute or defend an appeal as an indigent person.

Court of Appeal Alternative Dispute Resolution Program (CAADRP)

The Court of Appeal Mediation Program under the Old Rules is replaced with the CAADRP, governed by its own Rules. The timeline for filing Briefs of Argument does not run during CAADRP proceedings.

Amendment of Notices of Appeal in Criminal Matters

Under the New Rules, amendments to a Notice of Appeal in criminal matters may only be made upon application, the Court no longer acts suo motu.

Formatting Requirements for Briefs of Argument

The New Rules introduce a new formatting standard: 1.5 line spacing for Briefs of Argument.

Filing and Reply Timeline for Cross-Appeals

A Respondent may include arguments related to a cross-appeal in their Brief. The Cross-Respondent must file a response within 30 days, and the Cross-Appellant may file a reply (if necessary) within fourteen days.

Appeals May Be Determined on Appellant’s Brief Alone

Where a Respondent fails to file a Brief despite proper service, the Court may hear the appeal based solely on the Appellant’s Brief.

Disruption of Court Business

In cases of significant disruption (e.g., pandemics), the Court may stay the computation of time.

24-Hour Electronic Filing Unit

The Court has established a 24-hour electronic filing unit, which is responsible for creating electronic files for all appeals.

Virtual Hearings

The Court may conduct virtual proceedings where it deems appropriate. 

Case Scheduling and Management System (CSMS)

The New Rules established a CSMS to ensure efficient case flow management. The President of the Court shall issue Practice Directions governing the CSMS. 

Court Vacation and Filing Deadlines

The Court shall observe an annual vacation of not less than ten weeks between July and September, and will not sit during major holidays unless directed otherwise. Time for filing Briefs of Argument does not run during this period.

 

PROCEDURAL CHALLENGES AND COMMON PITFALLS

1. As seen above, the President may appoint Registrars to oversee the branches of the Centre at the various divisions. This has not been implemented in full, as such, there is a need for more centres.
2. The innovation in the electronic transmission of records has not been implemented.
3. The innovation of the 24-hour electronic filing of processes is not fully active.
4. The CSMS is yet to be implemented.
5. The manpower is inadequate for the workload.
6. High cost of appellate litigation and logistical issues.
7. It is unclear whether the deposit against cost as provided by Order 8 Rule 11 of the Rules, may be returned to the Appellant or Respondent, as the case may be, upon completion of the appeal without any need for depletion of the sum deposited.
8. Non-compliance with rules often leads to technical dismissals.
9. Improper formulation of grounds of appeal (especially vague or argumentative grounds).
10. Delay in compiling and transmitting the record of appeal.
11. Failure to seek leave where necessary.
12. Over-reliance on oral arguments rather than well-drafted briefs.

 

RECOMMENDATIONS FOR IMPROVEMENT

1. Training for legal practitioners on appellate advocacy.
2. Strict enforcement of disciplinary measures against frivolous appeals.
3. Continued investment in digital infrastructure for electronic records and hearings.
4. Reduction of delay through stricter case management procedures.
5. Law reform to consolidate and simplify the rules governing appellate practice.
6. Appointment of more justices to the Court of Appeal, as well as Court staff.
7. Appointment of more justices to the Court of Appeal who are versed in Sharia and Customary laws.

 

CONCLUSION

The Court of Appeal serves as a critical check on the judicial system in Nigeria, promoting consistency and fairness in adjudication. Mastery of the rules and procedures is essential for any legal practitioner. The path to appellate justice must be navigated with diligence, competence and a strict adherence to the law.