SUPREME COURT RULES

Table Of Contents

Order 1
General Definitions

1. Short title 2. Interpretation

Order 2
Administration And General Procedures

1. Service generally 2. Duty of legal 3. Personal service where

practitioner where he necessary ..
no longer acts for
parties
4. Service of notice of 5. Filing of address for 6. Service on Government,
appeal service .. Minister or the Attorney-
General ..
7. Service out of the 8. Title of proceedings 9. Preliminary Objections
jurisdiction
10. Declaration by party 11. Non appearance of 12. Procedure for receiving
not appearing appellant of further evidence on
respondent appeal
13. Fees generally 14. Fees in proceedings by 15. Registry
poor persons
16. Hours of opening to 17. Sessions 18. Notification of sittings
public
19. Adjournment 20. Chief Registrars : 21 Other Registrars
custody of records
22. Seal of the Court 23. Powers of Chief 24. Books to be kept by
Registrar Registrar
25. Files of documents 26. Setting aside or 27. Forms
 varying order of
Registrar
28. Applications to Court : 29. Application to strike 30. When appeal is deemed
Procedure to follow out, etc.
31. Enlargement of time 32. Appeal from 33. Leave of audience in
and departure from concurrent findings of certain cases
Rules fact by two courts
34. Application of Order 2 35. Rules of Court
Advisory Committee

Order 3
Proceedings In The Original Jurisdiction Of The Court

1. Procedure not 2. Commencement of 3. Where statement of

provided for proceedings claim must be filed
4. Issue of summons 5. Form of summons 6. Originating summons
7. Statement of claim in 8. Originating motion 9. Mode of entry
lieu of originating appearance
summons
10. Notice of entry to 11. Address for service 12. Statement of defence
plaintiff
13. Reply to defence 14. Procedure in 15. Motion to be on notice
interlocutory
applications
16. Length of notice 17. Motions may be 18. Effect of declaratory
dismissed or judgments
adjourned where
necessary notice not
given
19. Originating summons 20. Summons for
not sole means of directions
obtaining declaratory
judgment

Order 4
Case Stated
1. Stating questions of 2. Content of case stated 3. Reference to documents
law
4. Inference from facts 5. Argument confined to 6. Signing and filing of case
and documents facts and documents stated
7. Written agreement of 8. Oral agreement before 9. Procedure in absence of
parties Court agreement

Order 5
Reference As To Constitution And Reserved Points Of Law

1. Stating a case 2. Documents to 3. Form of case stated

accompany case stated
4. Right of audience 5. Brief of argument 6. Dispute on facts
determined by the Court
of Appeal
7. Address on case stated

Order 6
Filing of Briefs in Civil And Criminal Proceedings

1. Application of order 2. Application for leave 3. Power of the Court to

to appeal : Contents of hear applications in
chambers
4. Preparation of record 5. Preparation and filing 6. Separate briefs and
of appeal of Briefs of argument cross-appeals
Practice Direction
7. List of law reports, 8. Oral argument 9. Failure to file brief
text books, etc. to be within time
forwarded to the
Registrar
10. Power of court to
accelerate hearing in
exceptional
 circumstance

Order 7
Record of Appeal in Civil And Criminal Proceedings

1. Appeal to which this 2. Preparation of the 3. Fees for preparing the

Order applies Record record and security for
costs
4. Transmission of the 5. Departure from rules 6. Record in certain appeals
record
7. Appellant to prepare 8. Distribution of record
record in certain
appeals

Order 8
Civil Appeals

1. Application 2. Notice and grounds of 3. Deleted

appeal
4. Deleted 5. Directions of the 6. Withdrawal of appeal
Court as to service of
notice of appeal
7. Appeal by respondent 8. Non-compliance with 9. Death of Party to an
after appellant’s conditions of appeal appeal
appeal is withdrawn
10. Exhibits 11. Control of proceedings 12. General powers of the
during pendency of Court
appeal
13. Powers of the Courts 14. Judgment 15. Order
as to new trial
16. Review of judgment 17. Enforcement of 18. Execution of judgment
judgment by court below
19. Costs 20. Liability to Costs in
Practice Direction proceedings by poor
persons
 Order 9
Criminal Appeals

1. Appeals to which this 2. Applications by 3. Appellant to file Notice

Order applies parties of Appeal
4. Bail 5. Fines 6. Varying order for
restitution of property
7. Non-suspension of 8. Restrictions on issue 9. Withdrawal of notice of
order of restitution of appeal and effect appeal and effect of
of
10(1) Attendance of 10(2) Application to Court 10(3) Order appointing
witnesses to hear witnesses examiner
10(4) Furnishing examiner 10(5) Notification of date 10(6) Evidence to be taken on
with exhibits of examination oath
10(7) Deposition of 10(8) Expenses of witness 10(9) Presence of parties at
witness how to take before examiner examination of witness
11. Proceedings on 12(1) Notification of final 12(2) Notification of appeals
reference determination of in capital cases
appeals
13. Notification of result 14. Return of original 15. Enforcement of Orders
of appeal depositions, etc.

Order 10
Miscellaneous

1. Waiver of compliance 2. Practice Direction

with Rules

SUPREME COURT RULES

1st day of April, 1985

 Order 1
General Definitions

1. (1) These Rules may be cited as the Supreme Court Rules.

2. In these Rules, unless it is otherwise expressly provided or the context

so requires:

‘Act’ means the Supreme Court Act, 1960 or any other Act amending or
replacing it;

‘appeal’ includes an application for leave to appeal;

‘appellant’ means a party appealing from a decision or applying for leave

in behalf therefore and includes the legal practitioner retained or assigned
to represent him in the proceedings before the Court;

‘Chief Justice’ means the Chief Justice of Nigeria;

‘Constitution’ means the Constitution of the Federal Republic of Nigeria,

and includes any amendment thereto or modification thereof or any
enactment replacing it;

‘Court’ means the Supreme Court of Nigeria;

‘court below’ means the Court of Appeal;

‘Court of first instance’ means the court or tribunal sitting either in

original or appellate jurisdiction, immediately below the court below;
‘Committee’ means the Rules of Court Advisory Committee established
under these Rules;

‘Court of Appeal’ means the Court of Appeal established by the

Constitution;

‘High Court’ means the Federal High Court, the High Court of the
Federal Capital Territory, Abuja, or High Court established for a State by
the Constitution;

‘Justice’ means a Justice of the Court;

‘judgment’ includes any order made by the court in question after

judgment;

‘record’ means the aggregate of papers relating to an appeal (including

the pleadings, proceedings, evidence, judgments and briefs) proper to be
laid before the Court on the hearing of the appeal;

‘Registrar’ means the Chief Registrar of the Supreme Court and includes
any other officer of the Registry working under him;

‘Registrar of the court below’ means the Chief Registrar of the Court of
Appeal and includes the Deputy Chief Registrar and any Registrar or
Deputy Registrar or other officer working under him and exercising
functions analogous to the Chief Registrar of the Court of Appeal;

‘respondent’ in a civil means any party (other than the appellant) directly
affected by the appeal, and in a criminal appeal means the person who
undertakes the defence of the judgment appealed against and includes the
 legal practitioner retained or assigned to represent them in the
proceedings before the court;

‘Rules’ means these Rules or any amendment thereto or any other

additional Rules made under the Constitutional and includes the
Schedule appended to these Rules.

Order 2
Administration And General Procedure

1. (1) Any reference in these Rules to an address for service means an

address within Nigeria where notices, pleadings, orders, summons,
warrants and other documents, proceedings, and written
communications, if not required to be served personally, may be left,
or to which they may be sent.

(2) Where under these Rules any person has given an address for
service, any notice or other written communication which is not
required to be served personally shall be sufficiently served upon him
if it is left at that address or sent by registered post to that address, and
in any case where the date of service by post is material, section 26 of
the Interpretation Act shall apply.

(3) Where under these Rules any notice of other application to the
Court, or to the court below, is required to have an address for service
endorsed on it, shall not be deemed to have been properly filed unless
such an address is endorsed on it.

(4) Any person desiring to change his address for service shall notify
the Registrar, who shall thereupon communicate the new address for
service to anyone to whom he may have communicated the former
address.

2. 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 infor the Registrar as soon as may
 be that he is not or no longer authorised to accept service on behalf of
such person, and if he omits to do so he may be ordered to pay any costs
occasioned thereby.

3. (1) Except as may be otherwise provided in these Rules or in any

other written law, no notice or other written communication in
proceedings in the original or appellate jurisdiction of the Court, need
be served personally except -

(a) in proceedings in the original jurisdiction of the Court, the writ

of summons or other documents issued by the Court for the
institution of the proceedings; and

(b) in proceedings in the appellate jurisdiction of the Court, the

notice of appeal:
Provided that if the Court is satisfied that the notice of appeal has in
fact been served in the manner prescribed by sub-rule (2) of this Rule,
and communicated to the respondent, no objection to the hearing of
the appeal shall lie on the ground only that the notice of appeal was
not served personally.

(2) Where any document is required by these rules to be served

personally, it shall be sufficiently served if it is served in the manner
prescribed by law for the personal service of a writ of summons
issued by the Federal High Court and if it appears to the Court that for
any reason personal service cannot be conveniently effected, the Curt
shall have the same power as that High Court to direct that service be
effected in some other way.

4. The Registrar of the court below shall, after the notice of appeal has
been filed, cause to be served a true copy thereof upon each of the parties
mentioned in the notice of appeal, it shall not be necessary to serve any
party not directly affected:

Provided that in criminal cases, service on the Attorney-General of the

Federation or on the Attorney-General of a State (as the case may require)
shall be deemed to be good and sufficient service on the respondent in a
criminal appeal other than an appeal in a private prosecution.
5. (1) Every person who by virtue of service on him of a notice of
appeal becomes a respondent to any appeal or intended appeal shall
within thirty days of service on him of the notice of appeal file with
the Registrar of the court below notice of a full and sufficient address
for service in such number of copies as the said Registrar shall require
and the Registrar of the court below 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 the legal

practitioner representing him.

(3) If any respondent fails or omits to file such notice of address for
service, then delivery of any document or proceedings at the address
shown in the notice of appeal shall be deemed to be good and proper
service on him.

(4) Any party to an appeal or intended appeal may change his address
for service at any time by filing and serving on all other parties to the
appeal or intended appeal notice of such change.

6. Where a Minister or Commissioner or the Attorney-General or the

Director of Public Prosecutions or other like functionary of a
Government is a party ex-officio or is representing the Federal
Government or a State Government, as the case may be, in any
proceedings in the Court, whether civil or criminal, service of any notice
or other document shall be deemed to be sufficiently and duly served if it
is delivered (as the case may require) to the Attorney-General of the
Federation in his office or the Attorney-General of the appropriate State
capital or through the Liaison Office of the State Government in Lagos.

7. (1) Where any person out of the jurisdiction is a necessary or proper

party to an action commenced in the original jurisdiction of the Court
and properly brought against some other person duly served within
the jurisdiction, the Court may allow service of a summons out of the
jurisdiction.

(2) Every application for an order for leave to serve a summons on a

defendant out of the jurisdiction shall be supported by evidence by
affidavit or otherwise showing in what place or country such
 defendant is or probably may be found, and the grounds upon which
the application is made.

(3) Any order giving leave to effect service out of the jurisdiction shall
prescribe the mode of service, and shall limit a time after such service
within which such defendant is to enter ap appearance, such time to
depend on the place or country where or within which the summons is
to be served, and the Court may receive an affidavit or statutory
declaration of such service having been effected as prima facie
evidence thereof.

8. Notices of Appeal, Applications for leave to appeal, Briefs and all other
documents whatsoever prepared in pursuance of the appellate jurisdiction
of the Court for filing in accordance with the provisions of these Rules,
shall reflect the same title as that which obtained in the

Court of Trial

9. (1) A respondent intending to rely upon 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 copies thereof with the
Registrar within the same time.

(2) If the respondent fails to comply with the rule 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.

(3) No objection shall be taken to the hearing of an appeal on the

ground that the amounts by the Registrar of the court below under
Rule 3(1) of Order 7 were incorrectly assessed.

10. At any time before hearing of the appeal any party to the appeal
may file a declaration in writing that he does not wish to be present in
person or represented by a legal practitioner on the hearing of the
appeal, and he shall serve a copy of such declaration upon every
other party who has filed as address for service and thereupon the
appeal shall be dealt with as if the party had appeared.
11. (1) Subject to the provisions of these Rules, if the appellant fails
to appear when his appeal is called on for hearing the appeal may
be dismissed with or without costs as the case may be and if the
respondent fails to appear the Court may proceed to hear the
appeal ex parte

(2) When an appeal has been dismissed under this Rule, the Court
may, in civil proceedings on such terms as to costs or other as it
may deem just, direct the appeal to be re-entered for hearing.

(3) Where an appeal has been heard ex parte under this Rule and
any judgment has been given therein adverse to the respodent, he
may apply to the Court and the Court may, in civil proceedings,
set aside such judgment and rehear the appeal.

(4) No application to set aside and rehear under this rule shall be
made after the expiration of twenty-one days from the date of the
judgment sought to be set aside:

Provided that a respondent who has failed within the aforesaid period to
make application under this rule may, nevertheless at any time within a
further period of three months thereafter, apply to the Court on notice to the
appellant to set aside such judgment, and the court may, where exceptional
circumstance is shown, grant the application and make such order in relation
thereto or as to costs as it may deem fit in the circumstances.

(5) Any application under sub rules (3) and (4) of this Rule shall
be motion accompanied by an affidavit setting forth the reasons
and grounds for the application and a brief of argument filed
simultaneously. The court may acting under subrule (3) of this
Rule set aside the judgment and order the appeal to be reheard at
such time and upon such conditions as to costs or otherwise as it
may think fit.

12. (1) A party who wishes the Court to receive the evidence of
witnesses (whether they were or were not called at the trial) or to
order the production of any document, exhibit or other thing
connected with the proceedings in accordance with the provisions
of section 33 of the Act, shall apply for leave on notice of motion
prior to the date set down for the hearing of the appeal.
 (2) The application shall be supported by affidavit of the facts on
which the party relies for making it and of the nature of the
evidence or the document concerned.

(3) It shall not be necessary for the other party to answer the
additional evidence intended to be called but if leave is granted the
other party shall be entitled to a reasonable opportunity to give his
own evidence in reply if he so wishes.

13. (1) Subject to the provisions of these Rules, the fees set out in
the Second Schedule hereto shall be payable in respect of the
matters to which they relate and shall be paid to the Registrar of
the court below or of the court, as the case may be.

(2) No fee shall be payable in respect of any matter where such fee
would be payable by the government of the Federation or of a
State, or any Government Departure:

Provided that when any person is ordered to pay the Costs of the
Government of the Federation or of a State or of any Government
Department in any case, all fees which would have been payable but
for the provisions of this paragraph, shall be taken as having been
paid and shall be recoverable from such person.

14. (1) Any party may apply to the Court for leave to prosecute or
defend an appeal as a poor person and such application shall be by
notice of motion, supported by affidavit, and shall be served on the
other parties to the proceedings. No fees shall be payable on filing
any such application.

(2) No party shall be permitted to proceed as a poor person unless

he satisfies the Court that he has a reasonable probability of
success.

(3) A person permitted to proceed as a poor person shall not be

liable to pay any of the Court fees precribed by these Rules nor
shall he be required to make the deposit or to give security for
costs.
 (4) Where the Court grants leave to a party under this Rule, the
Chief Justice shall assign a legal practitoner to that party.

(5) The Court may for good cause shown review, rescind or vary
an order permitting any person to proceed as a poor person.

(6) The Court below or the Court may, on account of the poverty
of any party (although such party may not have been formally
permitted to proceed as a poor person under this Rule) or for other
sufficient reason, dispense, if it sees fit, with payment of any fees,
if the circumstances of the case so require:

Provided that of 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 shall be
a first charge on any moneys recovered or to be recovered under such order.

(7) No fee shall be payable by an appellant in capital cases or

where an appellant is granted legal aid.

15. (1) Except when otherwise expressly provided, all documents

and processes shall be filed in the Registry of the Court in Lagos:

Provided that whilst the Court is sitting in any place other than Lagos, any
documents or processes in connection with any matter to be dealt with at
such sessions may be filed with the Registrar of the Court at such place.

(2) A document may be filed in the Registry of the Court either by

being delivered by the party or the legal practitioner representing
him or his agent in person or by being sent there by registered
post.

16. The Registry of the Court shall, subject to the directions of

the Chief Justice, be open every day in the year from eight
O’clock in the forenoon to one o’clock in the afternoon except :

(a) on Sundays or on any day declared in Lagos as a public

holiday by virtue of the Public Holidays Act; or

(b) on Saturdays when the Registry shall be open to the public

from eight O’clock to eleven O’clock in the forenoon.
17. Sessions of the Court shall be convened and constituted and the
time, venue and forum for all sessions and for hearing interlocutory
applications shall be settled in accordance with directions to be given
by the Chief justice.

18. The sitting of the Court and the matters to be disposed of at such
sittings shall be advertised and notified in the Federal Gazette before
the date set down for hearing of the appeal:

Provided that the Court may in its discretion hear any appeal and deal with
any other matter whether or not the same has been so advertised.

19. The Court may at any time on application or of its own accord
adjourn any proceedings pending before it from time to time and from
place to place.

20. The Chief Registrar shall have the custody of the records of the
Court and shall exercise such other functions as are assigned to him
by these Rules.

21. The Chief Registrar may assign, and the Chief Registrar may, with
the approval of the Chief Justice, delegate to any Registrar of the
Court any functions required by these Rules to be exercised by the
Chief Registrar.

22. (1) Subject to the provisions of this Rule, the Seal of the Court
and any duplicate thereof shall be kept in the custody of the Chief
Registrar, and except as the Chief Justice may otherwise direct
shall not be affixed to any writ, rule, order or other process or to
any document without the express authority of the Chief Registrar.

(2) If at any time a session of the Court is held outside Lagos. a

duplicate of the Seal of the Court may, on the instructions of the
Chief Justice, be entrusted and kept in the custody of a Registrar
of the Court for the purpose of that session and may be used for
such purposes in accordance with any directions given by the
Chief Justice or by the Justice presiding at that session.
23. Except as may be otherwise provided in the Constitution or in any
other enactment, the Chief Registrar shall have such powers and
duties as are given him by these Rules or such further powers and
duties as the Chief Justice may direct.

24. (1) The Registrar shall keep -

(a) a Criminal Appeal Book;

(b) a Civil Appeal Book; and

(c) a Civil Record Book,

each of which shall contain an index in alphabetical order.

(2) The following particulars shall be entered in the Criminal

appeal Book, and the Civil Appeal Book -

(a) the number of the appeal;

(b) the names of the appellant and respondent;

(c) the court from which the appeal is brought;

(d) the date and place of hearing of the appeal;

(e) the names of counsel;

(f) the subject matter of the appeal;

(g) the judgment of the Court;

(h) any subsequent proceedings and remarks.

(3) The following particulars shall be entered in the Civil Record

Book -

(a) the number of the application;

(b) the names of the parties;

 (c) the date and place of hearing of the case;

(d) the names of counsel;

(e) the subject matter of the application;

(f) the judgment of the Court;

(g) any subsequent proceedings and remarks.

25. As soon as the notice of appeal is filed or an application for the

exercise by the Court of its original jurisdiction is made to the Court,
the Registrar shall prepare a file in which pleadings or documents
relating to the appeal or case shall be filed and on the front page
thereof shall be recorded particulars of such pleadings or documents
and the dates on which they are received.

26. Any person aggrieved by anything done or directed to be done by

the Registrar other than anything ordered or done by the direction of
the Chief Justice may apply to the Chief Justice to have the act, or
direction complained of cancelled or varied and the Chief Justice may
give such directions as he thinks fit.

27. The forms set out in these Rules, or forms as near thereto as
circumstances permit, shall be used in all cases to which such forms
are applicable.

28. (1) Every application to the Court shall be by notice of motion

supported by affidavit. It shall state the rule under which it is
brought and the ground for the relief sought.

(2) Any application to the Court for leave to appeal (other than an
application made after the expiration of time for appealing) shall
be by notice of motion which shall be served on the party or
parties affected.

(3) Where an application has been refused by the Court below, an

application for a similar purpose may be made to the Court within
fifteen days after the date of the refusal.
 (4) Wherever under these Rules an application may be made either
to the Court it shall not be made in the first instance to the Court
except where there are exceptional circumstances which make it
impossible or impracticable to apply to the court below.

(5) If leave to appeal is granted by the Court under these Rules or

by the court below the appellant shall file a notice of appeal.

29. (1) An application to strike out or set aside for non-compliance

with these Rules, or for any other irregularity arising from the
rules of practice and procedure in this Court, any proceedings or
any step taken in 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 and the
grounds of objection must be stated therein.

30. An appeal shall be deemed to have been brought when the notice
of appeal has been filed in the Registry of the court below.

31. (1) The Court may enlarge the time provided by these Rules for
the doing of anything to which these Rules apply, or may direct a
departure from these Rules in any other way when this is required
in the interest of justice.

(2) Every application for an enlargement of time in which to

appeal or in which to apply for leave to appeal shall be supported
by an affidavit setting forth good and substantial reasons for the
failure to appeal or to apply for leave to appeal within the
prescribed period. There shall be exhibited or annexed to such
affidavit

(a) a copy of the judgment from which it is intended to appeal;

(b) a copy of other proceedings necessary to support the

complaints against the judgment; and
 (c) grounds of appeal which prima facie show good cause why
the appeal should be heard.

(3) When time is so enlarged a copy of the order granting such

enlargement of time shall be annexed to the Notice of Appeal.

32. Where, in an appeal to the Court from the court below, the court
below has affirmed the findings of fact of the court of first instance,
any application to the Court in pursuance of its jurisdiction under
section 213 (3) of the Constitution for leave to appeal shall be granted
only in exceptional circumstances.

33. Where in any proceedings or at any stage of the hearing of any

cause or matter, a question arises concerning the validity or
constitutionality of any enactment or other law, the Court may, if it
considers that it is necessary and expedient so to do, invite the
Attorney-General of the Federation, the Attorney-General of the
appropriate State or any other legal practitioner to attend the hearing
of such cause or matter for the purpose of presenting arguments on
such issues of validity or constitutionality.

34. Except as otherwise stated in this Order, or the context so implies,

this Order shall apply to all matters whether civil or criminal.

35. (1) There shall be constituted a body to be known as the Rules of

Court Advisory Committee comprising -

(a) four justices, one of whom shall be Chairman of the

Committee;

(b) Two members each of the inner and outer Bar;

whom the Chief Justice may in his discretion appoint.

(2) It shall be the duty of the Committee to advise the Chief

Justice from time to time, in the exercise of the powers conferred
upon him by the Constitution or by or under any law to make rules
for regulating 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 Chief Justice may in his discretion
prescribe, either at the time of the appointment of the member or
at any time thereafter.

Original Jurisdiction

Order 3
Proceedings in the Original Jurisdiction of the Court

1.. (1) Except where otherwise expressly provided, all proceedings for
the exercise by the Court of its original jurisdiction shall be commenced
by application to the Court, filed in accordance with Rule 15 of Order 2
of these Rules.

(2) Subject to the provisions of any enactment and of these Rules, civil
proceedings in the original jurisdiction may be begun by filing a
statement of claim, originating summons or originating motion as the
case may require.

3. The following proceedings must be begun by filing a statement of claim

-

(a) proceedings in which facts in issue are disputed or are likely to

be disputed; and

(b) proceedings in which a claims made by the plaintiff is based on

an allegation of fraud.

4. When a statement of claim has been filed a summons shall be issued to

the defendant to appear and answer the claim.

5. Every summons shall be signed by the Registrar and sealed with the
Seal of the Court and shall be accompanied by a copy of the statement of
claim.

6. (1) In any proceedings where the Court has original jurisdiction, any
party claiming any legal or equitable right and the determination of
the question whether he is entitled to the right depending on the
 construction of the Constitution or of any other enactment may apply
for the issue of an originating summons for the determination of such
question of construction and for a declaration as to the right claimed
and for any further or other relief.

(2) Any part claiming to be interested in any proceedings specified in

sub-rule (1) of this Rule under a deed or other written instrument,
may apply for the issue of an originating summons for the
determination of any question of construction arising under the
instrument and for a declaration of the rights of the person interested
and for any further or other relief.

(3) The application shall be made in Form 2 in the First Schedule to

these Rules and shall be supported by such evidence as the Court may
require.

7. Rule 8 of this Order shall not affect the right of any party seeking a
declaratory judgment to institute proceedings by filing a statement of
claim under this Order and on an application by originating summons the
Court shall not be bound to determine any such question of construction
if in the opinion of the Court it ought not to be determined on originating
summons; and in the latter event the Court may on the application of
either party or its own motion direct the parties to file pleadings.

8. Where in any enactment provisions is made for obtaining any relief

whatsoever by application to the Court and no procedure is prescribed for
obtaining such relief in the enactment or under these Rules, the plaintiff
may initiate proceedings for such relief by originating motion.

9. (1) A defendant shall, within a period of 21 days after service of a

summons on him enter appearance by filing in the Registry -

(a) a memorandum in writing dated on the day of its delivery,

containing the name and address of the defendant, the Attorney-
General of the Federation or the State as the case may be, or the
defendant’s legal practitioner; and

(b) two duplicates of the memorandum of appearance.

 (2) The Registrar shall seal the duplicate copies of the memorandum of
appearance with a seal bearing the words ‘Appearance entered’ and
showing the date on which they were sealed, and then return them to
the person entering the appearance.

(3) The duplicate copies of the memorandum of appearance so sealed

shall be evidence that the appearance was entered on the day
indicated by the seal.

10. A defendant shall, on the day on which it entered appearance, give

or send written notice of his having entered appearance to the
plaintiff’s legal practitioner, and a duplicate of the memorandum of
appearance so sealed and delivered to the plaintiff or his legal
practitioner shall be sufficient notice for the purpose of his rule.

11. Every application for the exercise by the Court of its original
jurisdiction, and every memorandum of appearance shall contain a
proper address for service to the satisfaction of the Registrar and shall
not be received unless it conforms to this rule.

12. Except the Court otherwise directs, the defendant shall within
forty-two days after service on him of a statement of claim, file his
statement of defence.

13. The plaintiff may, if it thinks fit file a Reply to the statement of
defence within fourteen days after the service on it of the statement of
defence.

14. An application for an interlocutory order shall be by motion

entitled in the proceeding in which it is made and shall be supported
by an affidavits of the facts on which the applicant will rely.

15. No motion shall be made without previous notice to the parties

affected thereby, but the Court, if satisfied that the delay caused by
proceeding in the ordinary way would or might entail irreparable
mischief or destroy the subject matter of the proceedings or otherwise
render any final order in favour of the applicant nugatory, may make
any order ex parte upon such terms as to costs or otherwise, and
subject to such undertaking, if any, as the Court may think just; and
 any party affected by such order may move within fifteen days of the
service of the order upon him to set it aside.

16. Unless the Court gives special leave to the contrary, there must be
at least three clear days between the service of a notice of motion and
the day named in the notice for hearing the motion.

17. If on the hearing of a motion the Court shall be of the opinion that
any person to whom notice has not been given, ought to have or to
have had such notice, the Court may dismiss the motion or adjourn
the hearing thereof, in order that such notice may be given, upon such
terms, if any, as the Court may think fit to impose.

18. No action or proceedings shall be open to objection, on the

ground that a merely declaratory judgment or order is sought thereby,
and the Court may make binding declarations of right whether any
consequential relief is or could be claimed or not.

19. Rule 8 of this Order not affect the right of any party seeking a
declaratory judgment to institute proceedings by filing a statement of
claim under this order and on an application by originating summons
the Court shall not be bound to determine any such question of
construction if in the opinion of the Court it ought not to be
determined on originating summons.

20. (1) The plaintiff shall within fourteen days after the defendant
has entered appearance take out a summons for directions by the
Court.

(2) The Court may determine all matters pertaining to the

summons in chambers or in open court and shall, on the hearing of
the summons, give such directions with respect to proceedings
interrogatories, the admission of documents and facts, the
discovery, inspection and production of documents and such other
interlocutory matters as the Court may consider expedient for the
just and expeditious determination of the case.

Order 4
Case Stated
1. The parties to a proceeding commenced by statement of claim,
originating summons or originating motion may at any stage concur in
stating the question of law arising in the proceeding in the form of a case
stated for the opinion of the Court.

2. The case stated shall be divided into paragraphs numbered

consecutively and shall concisely state such facts and documents as are
necessary to enable the Court to decide the questions raised by the case
stated.

3. Upon the arguments of the case the Court and the parties may refer to
the whole contents of the documents stated.

4. The Court may draw from the facts and documents stated any
inference, whether of fact or law, which might have been drawn from
them if proved at a trial.

5. No facts or documents other than those stated in the case shall be

referred to upon the arguments save with the consent of all parties.

6. A case state concurred in by the parties to a proceeding shall be signed

by the several parties or their legal practitioners and filed with the
Registrar.

7. The parties to a case stated may, if they think fit, enter into an
agreement in writing that upon the determination by the court of the
question or questions of law raised in the case, stated judgment shall be
entered by the Court to any effect within its jurisdiction and with or
without costs, and such agreement shall be filed with the Registrar.

8. Likewise the parties may, in the presence of the Court, either

themselves or by legal practitioners representing them verbally make an
agreement, as to the judgment to be entered, upon the determination by
the Court of the question of law raised in the case stated.

9. Where no such agreement is made, the proceedings in the cause shall be

resumed, but the questions of law decided in the case stated shall not be
re-opened in the Court and the application shall proceed to its final
 determination upon the decision upon the law recorded after the hearing
of the case stated.

Order 5
References as to the Constitution and Reserved Points of Law

(a) in the case of an appeal in civil proceedings -

(i) the Writ of Summons or other documents by which the

proceedings were commenced in the court of trial,
(ii) the pleadings or amended pleadings as the case may be (if
any),

(iii) any other document or proceedings relevant to the question

on which the decision of the Court is sought,

(iv) the judgment or decision or order of the court or tribunal

from which the appeal came to the Court of Appeal, and

(v) the opinion of the Court of Appeal delivered in accordance

with Rule 3 of this Order; and

(b) in the case of an appeal in criminal proceedings -

(i) the charge in the Court of trial in so far as the same is

relevant to the subject matter of the proceedings on appeal;

(ii) the documents containing the matters mentioned under sub-

paragraphs (iii), (iv) and (v) of sub-rule (a) of this Rule.

3. (1) A case stated under this Order (hereafter referred to in this rule as
‘the case’) shall be divided into paragraphs, which, as near as may be,
shall be divided into paragraphs, which as near as may be, shall be
confined to distinct portions of the subject and every paragraphs shall
be numbered consecutively.
(2) The case shall state -

(i) the question or questions of interpretation or application of the

Constitution on which the decision of the Court is sought,
 (ii) the findings of fact, as determined by the Court of Appeal,
which are necessary and relevant to explain the questions referred
for the decision of the Court;

(iii) the contentions of each of the parties on such question or

questions; and
(iv) the opinion of the members of the Court of Appeal on such
question or questions.

4. (1) Subject to the provisions of this rule, the following persons shall
be entitled as of right to appear in person by a legal practitioner at the
hearing of the case -
(a) the parties to the proceedings in which the question referred
arose;

(b) Where the case involves the validity or constitutionality of a

law within the competence of the Federal Government, the
Attorney-General of the Federation;

(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) Where the Attorney-General of the Federation or the Attorney-

General of a State is not entitled to appear as of right under sub-rule
(1) of this Rule, the Court may of its own motion or otherwise, grant
leave to either of them to appear personally or by a legal practitioner
for thwe purpose of presenting arguments to the Court on the case.

(3) Any person who is entitled to appear as of right or by leave of the

Court may obtain a copy of the case stated from the Registrar and
shall be entitled to present arguments to the Court on the issue of the
validity or constitutionality of the law in question.

5. (1) The provisions of Order 6 relating to the filing of briefs in civil

and criminal appeals shall apply to proceedings relating to a case
stated under this Order so however that each of the parties shall be
deemed to be an appellant and the bound record of the case shall be
 deemed to be the Record of Appeal and each party shall file the Brief
in support of his argument accordingly.

(2) A person granted leave to appear pursuant to subrule (2) of Rule 4

of these Rules shall not be required to file a Brief unless the Court
otherwise directs, and the Registrar of the Court shall supply such a
person with copies of the Record of Appeal together with the Briefs.

6. Where a party disputes the determination of the Court of Appeal on any

material issue of fact contained in the case stated for the opinion of the
Court and has duly appealed against such determination, the Court shall
adjourn the consideration of the case stated until after the hearing and
decision in the appeal.

7. The order of address on case stated shall be determined by the Court in

respect of every such case and unless the Courts calls upon any counsel
to address it a second time, every counsel shall be limited to one address
only.

Order 6
Filing of Briefs in Civil And Criminal Proceedings
(1) An application for leave to appeal or for enlargement of time within
which to appeal or seek leave to appeal, shall be supported by a Brief and
shall include the following -
(a) the motion paper for the application;
(b) the relevant affidavit in support thereof;

(c) the relevant documents referred to in, and exhibited with, the
said affidavit which must include true copies of the judgments
with which the application is concerned that is, both of the court
below and the court of first instance verified by affidavit;

(d) the proposed grounds of appeal from the said judgments;

(e) a statement of questions which the applicant would like the

Court to consider, expressed in the terms and circumstances of the
case but without unnecessary details, which statement will be
deemed to include every subsidiary question comprised therein.
 Only the questions set forth in the application or comprised therein
will be considered by the Court;

(f) the Constitutional provisions, enactments, or subsidiary

legislation, if any, which are relevant to the application;

(g) a concise statement of the case containing the facts material to

the consideration of the questions presented; and
(h) a direct and concise argument amplifying the reasons relied
upon.

(2) All arguments in support of the application shall be set out of the
application as provided for in paragraph (h) of sub-rule (1) of this
Rule.

(3) Failure on the part of an application for leave to present with

accuracy, brevity, and precision whatever is essential to the clear and
adequate understanding of the questions which require consideration
shall be a sufficient reason for refusing the application.

(4) The respondent may, if he so desires, file in reply a counter

affidavit not later than two days before the hearing date.

(5) On being served with the applicant’s brief of arguments the

respondent may file a reply brief within seven days, if the
application for leave to appeal is in respect of an interlocutory
appeal; and within twenty-one days in the case of an application for
leave to appeal against a final judgment.

3. (1) Without prejudice to the powers of the Court to hear oral

argument, an application under rule 2 of this order may be
considered and determined by the Court in chambers, only on the
written argument and documents, as required by the rule, submitted
by the application in support without hearing oral argument either in
open court or in chambers. The Court may, under this Rule, refuse
such application, only if in its opinion the application is completely
devoid of merit.

(2) Where the appellant has filed to file a Brief within the period
prescribed by this Order and there is no application for extension of
 time within which to file the Brief, the Court may, subject to the
provision to Rule 9 of this Order, proceed to dismiss the appeal in
chambers without hearing argument.

(3) Where the appellant has filed a notice of withdrawal of his appeal,
the Court may proceed to dismiss the appeal in chambers without
hearing argument notwithstanding that Briefs have been filed in the
appeal.

4. Where leave has been granted, the appellant shall file his notice of
appeal and the record shall be compiled in accordance with the
provisions of Order 7.

5. (1) (a) The appellant shall within ten weeks of the receipt of the
Record of Appeal referred to in Order 7 file in the Court and
serve on the respondent a written brief being a succinct
statement of his argument in the appeal.

(b) The Brief which may be settled by counsel, shall contain what
are, in the appellant’s view, the issues arising in the appeal. If
the appellant is abandoning any point taken in the Court below,
this shall be so stated in the Brief. Equally, if the appellant
intends to apply in the course of the hearing for leave to
introduce a new point not taken in the court below, this shall be
indicated in the Brief.

(c) If leave to file and argue additional grounds of appeal is to be

sought at the hearing of the appeal it may be so indicated in the
Brief and the proposed additional grounds shall be stated and
argued in the Brief under the appropriate issue or issues arising
in the appeal. Provided that any fees payable under Order 2 Rule
13 shall be paid to the Registrar of this Court at the time of filing
the Brief.

(2) The respondent shall file in the Court and serve on the appellant his
own Brief within eight weeks after service on him of the Brief of the
appellant.

(3) The appellant may also file in the Court and serve on the
respondent a Reply Brief within four weeks after service of the Brief
 of the respondent on him but, except for good and sufficient cause
shown, a Reply Briefs shall be filed and served at least three days
before the date set down for the hearing of the appeal.

(4) If the parties intend to invite the Court to depart from one of its
own decisions, this shall be clearly stated in a separate paragraph of
the Brief, to which special attention shall be drawn, and the intention
shall also be restated as one of the reasons.

(5) Deleted

(6) (a) Ten copies of each Brief must be filed in the Court.

(b) All Briefs shall be concluded with a numbered summary of the

reasons upon which the argument is founded.

(c) Wherever possible or necessary, the reasons should also 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. If necessary, reference should also be made to relevant
statutory provisions, including the provisions of statutory
instruments.
(d) Thee parties shall assume that Briefs will be read and
considered in conjuction with the documents admitted in evidence
as exhibits during the proceedings in the court below, and
wherever necessary, reference should also be made to all relevant
documents or exhibits on which they propose to rely in the
argument.

(7) Notwithstanding the provisions of Rule 9 here of any party who

failed to file its brief within the time prescribed herein before shall
be liable to pay penalty for non-compliance as provided in the
Second Schedule to these Rules.

Practice Direction

In giving effect to the provisions of Order 6 Rule 5 of the Supreme

Court Rules, 1985, the period of the vacatin which is declared
 between July and September each year shall not be taken into account
for the computation of the period of filing briefs by either the
appellant or the respondent in an appeal before the Court.

6. (1) Parties whose interest in the appeal are passive (for example
stakeholders, trustees, executors, etc.) are not required to file a
separate Brief if they are satisfied that their position is explained in
one of the Briefs filed.

(2) Argument in respect of a cross-appeal or in respect of a

respondent’s notice may be included by any party in his Brief for the
original appeal without special application. Such as inclusive Brief
shall clearly state that it is filed in respect of both the original appeal
and cross-appeal or respondent’s notice.

(3) Where there are more than one appellant and they file more than
one Brief, it shall not be necessary for the respondent to file more
than one Brief in respect of his own case and time does not begin to
run against him for the purpose of filing his Brief until the service of
all the Briefs filed by the appellants unless the time within which the
appellants may file their briefs has expired.

7. (1) As early as possible before the date set down for the hearing of
the appeal, and in any event, not later than one week before such date,
the party who has filed a Brief or the legal practitioner representing
him shall forward to the Registrar in charge of Litigation a list of the
law reports, text books and other authorities which counsel intend to
cite at the hearing of the appeal.

(2) The provisions of sub-rule (1) of this rule shall not apply to a party
who has included in his brief the list mentioned in the sub-rule, but
such a party may, if he so desires, submit a supplementary list within
the prescribed time.

8. (1) Subject to the provisions of rule 3 of these Rules, oral argument

will be allowed at the hearing of the appeal to emphasize and clarify
the written arguments appearing in the Briefs already filed in Court.

(2) The appellant shall be entitled to open and conclude the argument.
But when there is a cross-appeal or a respondent’s notice, the appeal
 and such cross-appeal of respondent’s 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 which one is to open and close the argument.

(3) Unless otherwise directed, one hour on each side will be allowed
for argument. Any request for additional time shall be made to the
Court in writing not later than one month after service of the
appellant’s Brief on the respondent. The request, a copy of which
shall be served on the respondent, shall state clearly and in precise
terms the reasons why the argument cannot be presented within the
time limit.

(4) Unless additional time has been granted, only one legal practitioner
will be heard for each side. By the special permission of the Court,
more than one legal practitioner may be heard for each side when
there are several parties on the same side. The Court will look on
divided argument with favour.

(5) Save with leave of the Court, no oral argument will be heard in
support of any argument not raised in the Brief or on behalf of any
party for whom no Brief has been filed.

(6) When an appeal is called and no party for any legal practitioner
appearing for him appears to present oral argument, but Briefs have
been filed by all the parties concerned in the appeal, the appeal will be
treated as having been argued and will be considered as such.

(7) When an appeal is called, and it is discovered that a Brief has been
filed for only one of the parties and neither of the parties concerned
nor their legal practitioners appear to present oral argument, the
appeal shall be regarded as having been argued on that Brief.

9. If an appellant fails to file and serve his Brief within the time provided
for in rule 5 of these Rules, or within the time as extended by the Court,
the respondent may apply to the Court for the appeal to be struck out for
want of prosecution. If the respondent fails to file his Brief, he will not be
heard in oral argument except by leave of the Court.
(2) Deleted
10. The Court may, where it considers the circumstances of an appeal
to be exceptional, or that the hearing of an appeal must 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 the Order, to such extent as the Court may deem reasonable in the
circumstances of the case.

Order 7
Records of Appeal in Civil And Criminal Proceedings

1. (1) The provisions of Rules 2, 3, and 4 of this Order shall apply to

appeals to the Court from final decisions of the Court of Appeal in
civil and criminal cases other than decisions of a High Court.

(2) The provisions of Rules 6 and 7 of this Order shall apply to any
decision of the Court of Appeal in respect of -
(a) an interlocutory decision made by it;
(b) a decision made by it on appeal from an interlocutory decision
of a High Court;
(c) a decision made by it affirming or reversing an order for
summary judgment; or
(d) a decision made by it in cases -
(i) where the liberty of a person or the custody of an infant is
concurred,

(ii) where an injunction or the appointment of a receiver is

granted or refused,
(iii) relating to or connected with the winding up of companies,
(iv) of a decree nisi in a matrimonial cause,
(v) affecting the Revenue of the Government of the Federation
or of a State;
(e) such other cases as the Court in its discretion may direct.

2. (1) As soon as an appellant has filed his Notice of Appeal in the

court below, the Registrar of that court or (in the case to which Rules
6 and 7 of this Order apply) the appellant, shall, with all due
 expedition, start to prepare the Record in accordance with the
provisions of this order.

(2) The Record shall contain the following documents in the order set
out -
(a) the index;

(b) a statement by the Registrar of the Court of Appeal giving brief

particulars of the case and including a schedule of the fees paid in
the Court of Appeal;

(c) copies of the documents and proceedings constituting the

Record of Appeal before the Court of Appeal;
(d) copies of all documents and proceedings before the Court of
Appeal;

(e) a copy of the order for leave to appeal whether made by the
Court or by the Court of Appeal;
(f) a copy of the Notice of Appeal;

(g) a certificate by the Registrar of the Court of Appeal certifying

that the notice of Appeal was duly served upon the respondent;

(h) a certificate by the Registrar of the Court of Appeal certifying

that the appellant has duly and punctually complied with the
conditions of appeal imposed upon him; and

(i) a certificate by the Registrar of the Court of Appeal certifying

that the appellant and the respondent have either collected their
copies of the record respectively or that they have been duly
notified that such record is ready for collection.

(3) In respect of the documents and proceedings referred to in

paragraphs (c) and (d) of sub-rule (2) of this Rule, it shall not be
necessary to copy any documents which the appellant with the
consent of the respondent considers should be excluded:

Provided that whenever such document has been included on the

insistence of the respondent, the Registrar of the court below shall make
a note to that effect.
 (4) It shall not be necessary to copy the notes or minutes of the
proceedings taken by every member of the Court of Appeal and the
notes of minutes signed by the Presiding Justice shall be deemed to be
the proceedings of the court below.

(5) It shall not be necessary for copies of individual documents to be

separately certified by the Registrar of the court below shall certify as
correct each copy of the Record transmitted by him in accordance
with these Rules.

3. (1) When the appellant or his agent files his Notice of appeal, he
shall be informed of the amount assessed by the Registrar of the Court
of Appeal as the cost of the preparation and transmission of the
Record to the Court and (in the case of civil appeals) as the amount of
security and the due prosecution of the appeal.

(2) The appellant shall within a period of not more than 14 days pay
the amount so assessed and deposit the amount prescribed as security
for costs and the due prosecution of the appeal or in lieu thereof give
security by bond with one or more sureties to the satisfaction of the
Registrar: Provided that -

(a) the amount of such security shall not exceed twice the costs
awarded in favour of the successful party before the Court of
Appeal; and

(b) no deposit or security shall be required where the deposit would

be payable by the Government of the Federation or of a State, by
any Government department, by a local government, or by a
corporation directly established by a law enacted by the legislature
of the Federation of a State.

(3) The appellant shall within such time as the Registrar of the court
below directs deposit with him a sum fixed to cover the estimated
expense of making up and forwarding the record of appeal calculated
at the full cost of one copy for the appellant and one-tenth cost for
each of the ten copies for the use of the Court.
 (4) The Court may, where necessary, require security for costs or for
performance of the orders to be made on appeal, in addition to the
sum determined under this Rule.

4. (1) The Registrar of the court below shall within a period of not more
than six months from the date of the filing of the notice of appeal
transmit the record when ready together with -

(a) a certificate of service of the notice of appeal;

(b) a certificate that the conditions imposed under this Order have
been fulfilled;
(c) ten copies of the record for the use of the Justices;

(d) the docket or file of the case in the court below and the court of
first instance containing all papers or documents filed by the
parties in connection therewith, to the Registrar of the Court; and

(e) a certificate indicating date of service of records on the parties.

(2) The Registrar of the court below shall also cause to be served on all
parties mentioned in the notice of appeal who have filed an address
for service a notice that the record has been forwarded to the Registrar
of the Court who shall in due course, enter the appeal in the cause list.

5. (1) The Court may in any case in which it considers it necessary or

expedient so to do in the interest of justice, or in any case in which it
makes an order for accelerated hearing of the appeal, direct a
departure from Rules, 2, 3 and 4 of this Order.

(2) Where a direction for such departure is made by the Court, the
provisions of Rules 6 and 7 of this Order shall apply to the appeal
notwithstanding the fact that it is an appeal of the type mentioned in
sub-rule (1) of Rule 1 of this Order:

Provided that the Court may give further or other directions for the
purpose of procuring a Record for the hearing and determination of the
appeal.

6. It shall not be necessary for the Registrar of the Court of Appeal to

prepare a Record in respect of an appeal of the type mentioned in Sub-
 Rule (2) of Rule 1 of this Order unless the Court otherwise directs, and
accordingly, the Record for the purpose of such appeals shall be
prepared in the manner set forth in Rule 7 of this Order.

7. (1) The appellant shall, in appeals to which this Rule applies either
simultaneously with filing his Notice of Appeal or within 14 days
thereafter, prepare for the use of the Justices a Record comprising -
(a) the index;

(b) office copies of documents and proceedings which the appellant

considers relevant to the appeal; and
(c) a copy of the notice of appeal.

(2) If the respondent considers that the documents and proceedings

filed by the appellant are inaccurate or are not sufficient for the
purposes of the appeal, he shall, within a period of 7 days after
service on him of the Record filed by the appellant, file any further or
other documents that he wished to file.

(3) All documents filed by either party shall be verified by the affidavit
of a person who has read them compared them with authentic or
certified true copies.

(4) In the case of the documents and proceedings mentioned in Rule 7

(1)(b) and (c) of this Order, the party filing them shall lodge certified
true copies thereof with the Registrar of the Court.

8. (1) When the Registrar of the court below has complied with the
requirements of Rule 4 of this Order, he shall deliver a copy of the
Record to the parties after receiving any fees that may be due or
payable under the Second Schedule to these Rules.

(2) In respect of criminal appeals, the Registrar of the court below

shall forward a copy of the Record to the Attorney-General or the
Solicitor-General of the State from which the appeal emanates or (as
the case may require) to the Attorney-General or the Federation.

Appellate Jurisdiction
 Order 8
Civil Appeals

1. This Order shall apply to the Court from the court below in civil cases,
and to matters related thereto.

2. (1) All appeals shall be by way of rehearing and shall be brought by

notice (hereinafter called ‘the notice of appeal’) to be filed in the
Registry of the court below which shall set forth the grounds of
appeal, state whether the whole or part only of the decision of the
court below is complained of (in the latter case specifying such part)
and 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 all such
parties. It shall also have endorsed on it an address for service.

(2) If the grounds of appeal allege 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 ground upon which the appellant intends to rely at the
hearing of the appeal without any argument or narrative and shall be
numbered consecutively.

(4) No ground which is vague or general in terms which discloses no

reasonable ground of appeal shall be permitted, save the general
ground that the judgment is against the weight of evidence, and any
ground of appeal or any part thereof which is not permitted under this
rule may be struck out by the Court of its own motion or on
application by the respondent.

(5) 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 the fees prescribed for
making such amendment and upon such terms as the Court may deem
just.
 (6) 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.

(7) The Court shall have the power to strike out a notice of appeal
when an appeals is not competent.

3. Deleted

4. A notice of appeal may be amended by or with the leave of the Court

at any time.

5. (1) The Court may in any case direct that the notice of appeal be
served on any party to the proceedings in the court below on whom it
has been served, or on any person not party to those proceedings.

(2) The Court may in any case where it gives a direction under this
rule -

(a) postpone or adjourn the hearing of the appeal for such period
and on such terms as may be just; and

(b) give such judgment and make such order on the appeal as might
been given or made if the persons served in pursuance of the
direction had originally been parties.

6. (1) An appellant may at any time before the appeal is called on for
hearing serve on the parties to the appeal and file with the Registrar a
notice to the effect that he does not intend further to prosecute the
appeal.

(2) If all parties to the appeal consent to the withdrawal of the appeal
without order of the Court, the appellant may file in the Registry the
document or documents signifying such consent and signed by the
parties or by their legal representatives and the appeal shall be struck
out of the list of appeal by the Court, and in such event any sum
 lodged in Court as security for the costs of the appeal shall be paid out
to the appellant.
(3) Deleted

(4) If all the parties do not consent to the withdrawal of the appeal as
aforesaid, the appeal shall remain on the list, and shall come on for
the hearing of any issue as to costs or otherwise remaining
outstanding between the parties, and for the making of an order as to
the disposal of any sum lodged in Court as security for the costs of
appeal.
(5) An appeal which has been withdrawn under this Rule, shall be
deemed to have been dismissed.

(6) Any application under this Rule may be considered and

determined by the Court in chambers without oral argument.

7. Where an appeal is withdrawn under rule 6 of this Order any

respondent who has given a notice under Rule 3 of this Order may give
notice of appeal and proceed therewith in the manner prescribed by the
foregoing rules, and in such case the times limited for giving notice of
appeal, for depositing the sum estimated to cover the cost of the record
and for furnishing the security for costs may, on application to the Court,
be extended so far as is reasonably necessary in all the circumstances of
the case.

8. (1) If the appellant has complied with one of the requirements of rule
3 of Order 7, the Registrar of the court below shall certify such fact to
the Court, which shall thereupon order that the appeal be dismissed
with or without costs, and shall cause the appellant and the respondent
to be notified of the terms of its order.

(2) Where an appeal has been dismissed under paragraph (1) of this
rule, a respondent who has given notice under rule 3 of this Order
may give notice of appeal and the provisions of rule 7 of this Order
shall apply as if the appeal were brought under that rule.

(3) If the respondent alleges that the appellant has failed to comply
with any part of the requirements of Rule 2 of this Order and rule 3 of
Order 7, the Court, if satisfied that the appellant has so failed, may
 dismissed the appeal for want of due prosecution or make such other
order as the justice of the case may require.

(4) An Appellant whose appeal has been dismissed under this rule may
apply by notice of motion that his appeal be restored. Any such
application may be made to the Court and the Court may, where
exceptional circumstances have been shown, cause such appeal to be
restored upon such terms as it may think fit.

(5) Any application under this Rule may be considered and

determined by the Court in chambers without oral argument.

9. (1) It shall be the duty of counsel representing a party to an appeal to

give immediate notice to the death of that party to the Registrar of the
court below 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.

(2) It it is necessary to add or substitute a new party for the deceased,

an application shall, subject to the provisions of Rule 11 of this Order,
be made in that behalf of the court below or to the Court either by any
existing party to the appeal or by any person who wishes to be added
or substituted.

(3) The notice prescribed by sub-rule (1) of this rule shall be given to
the Registrar of the court to which the application mentioned in sub-
rule (2) ought to be made.

(4) All actions or other things whatsoever taken or done by the

Registrar of the court below or by any other person for the purpose of
completing the Record and transmitting the same to this Court shall
not be open to objection on the ground that it was taken or done after
the death of a party to the appeal.

(5) Where an appeal has been 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.

10. (1) Subject as hereinafter provided each party shall, immediately

after an appeal becomes pending before the Court, deliver to the
 court below all documents (being exhibits in the case or which
were tendered as exhibits and rejected) which are in his custody or
were produced or put in by him at the trial.

(2) 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.

(3) In case any party finds it difficult to comply with the

preceeding provisions of this rule owing to the nature of
documents or other exhibits or owing to their being in possession
of a third party or for any other reason, he may apply to the
Registrar of the Court for directions.

(4) The Registrar of the court below may, either of his own motion
or upon application, give any directions he sees fit, whether
dispensing with the provisions of the Rule or modifying its
application in any way or for securing compliance with it.

(5) All original documents delivered to the court below under this
Rule shall remain in the custody of the court below until the record
of appeal has been prepared, and shall then be forwarded with the
record to the Registrar and 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 it or he may impose.

11. 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, and except as may be otherwise
provided in this Order, every application therein shall be made to the
Court and not to the court below, but any application may be filed in
the court below for transmission to the Court.

12. (1) In relation to an appeal the Court shall have all the powers
and duties as to amendment and otherwise of the court of first
 instance, and, where that court is not the court of trial, the court of
trial.

(2) 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 as the case
may require, including any order as to costs.

(3) The Court shall have 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 persons
pending the determination of an appeal to it even though no
application for such an order was made in the court below.

(4) 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.

(5) The powers of the Court under the foregoing provisions of this
rule may be exercised notwithstanding that no notice of appeal has
been given in respect of 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 on the merits of
the real question in controversy between the parties.

(6) The Court may, in special circumstances, order that such

security shall be given for the costs of an appeal as may be just.

(7) 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 or the Director of Public Prosecutions of the Federation or of a
State makes a written request in that behalf, documents so impounded
shall be delivered into his custody.
 (8) 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.

13. (1) On the hearing of any appeal the Court may, if it thinks fit,
make any such order as could be made in pursuance of an
application for a new trial or to set aside a verdict, finding or
judgment of the court below.

(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 or miscarriage of justice as is
mentioned in paragraph (2) of this rule affects part only of the
matter in controversy, or one or some only of the part, the Court
may order a new trial as to that part only, or as to that part or
those parts only and give final judgment 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 court below are excessive
or inadequate, the Court may, in lieu of ordering a new trial -
(a) substitute for the sum awarded by the court below such
sum as appears to the Court to be proper;

(b) reduce or increase the sum awarded by the court below by

such amount as appears to the Court to be proper in respect of
any distinct head of damages erroneously included in or
excluded from the sum so awarded; but except as aforesaid, the
Court shall not have power to reduce or increase the damages
awarded by the court below.

(5) A new trial shall not be ordered by reason of the ruling of any
judge of the court below that a document is insufficiently stamped
or does not require to be stamped.
14. (1) The judgment of the Court shall be pronounced in open
Court, either on the hearing of the appeal or at any subsequent
time of which notice shall be given by the Registrar to the parties
to the appeal.

(2) Wherever a reserved judgment is to be given and the counsel

concerned are duly notified in that behalf, the presence of such
counsel or of 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.

(3) A certified copy of the judgment shall be sent by the Registrar

to the court below.

15. (1) Every judgment of the Court shall be embodied in an order.

(2) A seal or certified copy of the order shall be sent by the

Registrar to the court below.

(3) Interlocutory orders shall be prepared in like manner.

16. The Court shall 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 be
varied when it correctly represents what the Court decided nor shall
the operative and substantive part of it be varied and a different form
substituted.

17. Any judgment given by the Court may be enforced by the Court or
by the court below or by any other court which has been seised of the
matter, as the court may direct.

18. 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.
19. 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.

Practice Direction

With effect from 1st day of October, 1991, the costs to be awarded by the
Supreme Court in a civil appeal and an application in a civil appeal have
been increased to N1,000.00 (one thousand naira) and N100.00 (one
hundred naira) respectively.

20. (1) Leave to proceed as a poor person granted pursuant to the

provisions of Order 2 Rule 14 of these Rules shall not exempt such
person from liability to an order for costs in favour of his
opponent.

(2) If a poor person is not awarded costs in the proceedings, no

fees shall be taken from him by a legal practitioner assigned to
him.

(3) If a poor person is awarded costs against his opponent he shall

be entitled to include and receive in such costs fees of any legal
practitioner assigned to him and all other fees and costs remitted
by his admission to proceed as a poor person.

Order 9
Criminal Appeals

1. This Order shall apply to appeals from the Court of Appeal in criminal
cases and no matters related thereto.

2. (1) Except where otherwise provided in these Rules any application

to the Court may be made by the appellant or respondent orally or in
writing, but in regard to such applications if the appellant is un-
represented 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 the same in writing to the Registrar who
 shall take the appropriate steps to obtain the decision of the Court
thereon.

(2) Any application under this Rule, which is deemed by the Court to
be insignificant may be considered and determined by the Court in
chambers without oral argument.

3. (1) Subject to the provisions of sub-rule (3) of this rule, appeals shall
be brought by notice (hereinafter called ‘the notice of appeal’) to be
filed in the Registry of the court below which shall set forth the
grounds of appeal and shall state clearly whether the appeal is against
some decision of the court below other than conviction or sentence. A
notice of appeal shall be in the form prescribed in the First Schedule
to these Rules and shall be signed by the appellant:

Provided that, not withstanding that the provisions herein have not
been strictly complied with, the Court may, in the interest of justice
and for good and sufficient cause shown, entertain an appeal f
satisfied that the intending appellant has exhibited a clear intention to
appeal to the Court against the decision of the court below.

(2) Where the Court or the court below has on an application for leave
to appeal given an appellant leave to appeal, it shall not be necessary
for such appellant to give any notice of appeal but the notice of
motion for leave to appeal shall in such case be deemed to be a notice
of appeal.

(3) Where an application for leave to appeal has been made to the
court below, and if the application has been granted by that court, the
Registrar of that court shall send to the Registrar of the Court
notification of the result of the application in Form 25 in the First
Schedule to these Rules together with the original of the application
for leave to appeal and the case shall thereafter be dealt with as if
leave to appeal had been granted by the Court.

4. (1) Where the Court or the 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 appellants and his
surety or sureties (unless such court directs that no surety ie required)
 shall be bound by recognisances of the appellant and his surety to
sureties (if any) may be taken.

(2) In the event of such 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 the Forms
prescribed in the First Schedule to these Rules.

(4) The Registrar of the court below shall where the court below
admits the appellant to bail, 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 at the final
determination thereof, and 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 the Form prescribed in the First
Schedule of these Rules:

Provided that the Court may consider the appeal in his absence, or
make other order as it thinks fit.

(6) When an appellant is present before the Court, the Court may, on
an application made by him or any other person or, it 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 recognisances 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 released on bail, the Court
or where the appellant was released on bail by the court below, that
court may, if satisfied that it is in the interest of justice so to do,
revoke the order admitting to bail, and issue a warrant in the Form
prescribed in the First Schedule of these Rules.
5. (1) Where a person has, on his conviction, been sentenced to
payment of a fine, 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 the payment of a fine, and
has paid the same or part thereof in accordance with such sentence,
shall, in the event of his appeal being successful, be entitled, subject
to any order of the Court, to the return of the sum or any part thereof
so paid by him.

6. Where the Court below has dismissed an appeal and confirmed the
order for conviction, or has made or confirmed an order for restitution of
any property to any person, 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.

7. Where the Court below is of 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, that court, if it shall be of 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 shall think right in order to secure
the production of such sample, portion of facsimile representation for use
at the hearing of any such appeal.

8. The Registrar of the court below or of the court of trial or of any other
court shall not issue, under any law authorising him so to do, a certificate
of conviction of any person convicted in the court below if notice of
appeal or notice of application for leave to appeal is given, until the
determination or abandonment thereof.
9. (1) An appellant may at any time before the appeal is called on for
hearing serve on the respondent and file the Registrar a notice to the
effect that he does not intend further to prosecute the appeal.

(2) Upon receipt of a notice of withdrawal in accordance with this

Rule, the Registrar shall give notice thereof in the Form prescribed in
the First Schedule to the respondent, the Prison authority and the
Registrar of the court below, and in the case of an appeal against a
conviction involving a sentence of death, shall in like manner give
notice to the appropriate Federal or State authority responsible for the
exercise of the prerogative of mercy, and the Registrar shall also
return to the Registrar of the court below any original documents
exhibits received from him.

(3) An appellant (other than one convicted of an offence involving

sentence of death) who has withdrawn his appeal may, in special
cases, with the leave of the Court, withdraw his notice of withdrawal.
Upon such leave being granted the appellant shall be entitled to
prosecute his appeal as if the notice of withdrawal, was never filed.

10. (1) Where the Court has ordered ay witness to attend and be
examined before the Court an order in the Form prescribed in the
First Schedule hereto shall be served upon such witness specifying
the time and place at which to attend for such purpose.

(2) Such order may be made on the application at any time of the
appellant or respondent, but if the appellant is in custody and not
legally represented, the application shall be made by him in the
Form prescribed in the First Schedule.

(3) Where the Court orders the examination of any witness to be

conducted otherwise than before the Court itself, such order shall
specify the person appointed as examiner to take, and the place of
taking, such examination and the witness or witnesses to be
examined thereat.

(4) The Registrar shall furnish to the person appointed to take such
examination any documents or exhibits and any other material
relating to the said appeal as and when requested to do so. Such
documents and exhibits and other material shall after examination
 has been concluded be returned by the examiner, together with any
deposition taken by him under this Rule to the Registrar.

(5) When the examiner has appointed the day and time for the
examination he shall request the Registrar to give notice thereof to
the appellant and the respondent and their legal practitioners, if
any, and when the appellant is in prison to the Prison authority.
The Registrar shall cause to be served on every witness to be
examined a notice in the Form prescribed in the First Schedule.

(6) Every witness examined before an examiner under this Rule

shall give his evidence upon oath or affirmation to be administered
by such examiner, except where any such witness if giving
evidence as a witness at a trial or information needs not be sworn.

(7) The examination of every witness shall be taken in the form of

a deposition and unless otherwise ordered shall be taken in private.
The caption in the Form prescribed in the First Schedule shall be
attached to any such deposition.

(8) Where any witness shall receive an order or notice to attend

before the Court or an examiner, the Registrar may, if it appears to
him necessary so to do, pay to such witness a reasonable sum for
his expenses.

(9) The appellant and respondent, or the legal practitioner

representing him, shall unless the Court otherwise directs, be
entitled to be present at and take part in any examination of any
witness to which this rule relates.

11. 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
such order. The Court may in such order or by giving directions as
and when it from time to time shall think right, 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 necessary directions to the Prison 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
respondent.

12. (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 prison authority, notice of such
determination in the Form prescribed in the First Schedule.

(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 appropriate authority responsible for the
exercise of the prerogative of mercy, to the respondent and to the
Prison authority.

13. (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 court below the decision of the Court in relation
thereto, and also any orders or direction made or given by the
Court in relation to such appeal or any matter connected therewith.

(2) The Registrar of the court below shall on receiving the

notification referred to in this Rule, enter the particulars thereof on
the records of such court.

14. Upon the final determination of an appeal for the purposes of

which the Registrar has obtained from the Registrar of the court
below any original depositions, exhibits, information, inquisition, plea
or other documents usually kept by the said Registrar, or forming part
of the record of the court below, the Registrar shall, where
practicable, cause the same to be returned to the Registrar of the court
below.

15. Any order given or made by the Court may be enforced by the
Court or by the court below as may be most expedient.
 Order 10
Miscellaneous

1. (1) The Court may, where it considers it in the interest of justice so to

do, waive compliance by the parties with these Rules or any part
thereof.

(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 not but may, notwithstanding, order the appeal to proceed or give
such directions as it considers necessary in the circumstance.

(3) The Registrar shall forthwith notify the appellant or the respondent,
as the case may be, of such order made or directions given by the
Court under this Order where the appellant or the respondent was not
present at the time when such order was made or directions were
given.

(4) An application under this Rule shall be accompanied by a Brief

filed by the applicant and served on the respondent. The respondent
may thereafter file a Brief in reply which shall be served by the
respondent on the applicant; and

(5) Any application under this Rule may be considered and

determined by the Court in chambers without oral argument.

2. The Chief Justice may, at any time, by notice declare a practice of the
Court as a Practice Direction, and whenever so declared, such Practice
Direction shall be regarded as part of these Rules.