NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
the Court of Appeal; and (ii) 30 days in respect of appeals to the Supreme Court of Nigeria. Upon filing a notice of appeal, the registrar of the court below has 60 days to compile and transmit the records to the Court of Appeal. If the registrar fails to do so, the appellant may compile and transmit the records within 30 days of the failure of the registrar to send the records to the Court of Appeal. If the respondent is dissatisfied with the records, the respondent can compile and transmit a supplementary record. The time limits for filing appeals may be extend- ed by the appellate court upon an application made by the appellant, provided that the appel- lant shows good and substantial reasons for failing to appeal within the prescribed period. The triggering event is the date of delivery of the ruling or judgment by the court. 10.4 Issues Considered by the Appeal Court at an Appeal The issues to be considered on appeal are the issues formulated by the parties from the grounds of appeals distilled in the notice of appeal filed in the court. Those issues will gen- erally arise from the judgment appealed against. By law, appeals in Nigeria are by way of rehear- ing. Hence, the appellate court must rehear and accord a second consideration to the judgment and proceedings of the lower court to such extent as the grounds of appeal demand. An appellate court would not consider new points raised for the first time on appeal, unless leave is sought and obtained by the party raising the new points. For such leave to be granted, the following must be proved: (i) the new points must relate to substantial points of law, whether substantive or procedural, which need to be allowed to prevent a miscarriage of justice; and
(ii) the new points do not need further or addi- tional evidence. 10.5 Court-Imposed Conditions on Granting an Appeal The court cannot impose any conditions on granting an appeal. On hearing an appeal, the court may either grant in whole or in part the relief(s) sought in the appeal or refuse the same. 10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court has the powers of the trial court and can make an order that is appropriate in the appeal. After hearing an appeal, the appel- late court has power to: • allow the appeal and set aside the decision of the lower court; • order a re-trial or rehearing of the suit; • direct the lower court to consider issues raised by the parties in the suit which the lower court did not consider in its decision; • make an order that the lower court should have made where there are sufficient facts on the record to support the same; or • dismiss the appeal. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation Generally, each party bears the costs of litiga- tion. However, a party may claim and the court may make an award as to costs. The expenses in respect of which costs may be awarded include: • the cost of legal representation and assis- tance of the successful party as determined by the court to be reasonable; and
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