LEGAL PRINCIPLE: APPELLATE PRACTICE – Brief Writing – Good Brief Should Be Readable, Concise but Comprehensive
PRINCIPLE STATEMENT
A brief submitted on behalf of each party to an appeal, as the term readily suggests, is a precis or an abridgment of the relevant submissions a disciplined counsel would wish to put across for consideration by the court demonstrating lucidly and succinctly why his contentions should be preferred rather than those of the opposing counsel. Counsel should caution oneself and be reminded that good advocacy, like writing a good brief, does not accommodate unnecessary repetition since it has long been established that repetition does not improve an argument.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in F.S.B. International Bank Ltd. v. Imano Nigeria Ltd. & Anor (2000) NLC-251995(SC) at pp. 4–5; Paras E–A.
"A brief submitted on behalf of each party to an appeal, as the term readily suggests, is a precis or an abridgment of the relevant submissions a disciplined counsel would wish to put across for consideration by the court demonstrating lucidly and succinctly why his contentions should be preferred rather than those of the opposing counsel. Counsel should caution oneself and be reminded that good advocacy, like writing a good brief, does not accommodate unnecessary repetition since it has long been established that repetition does not improve an argument."
EXPLANATION / SCOPE
A brief should be a precise, abridged, and focused presentation of submissions—not a voluminous repetition of arguments. Good advocacy demands clarity, conciseness, and logical structure. Repetition does not strengthen arguments; it obscures key points and wastes judicial time. Counsel must distill their best contentions into readable, comprehensive yet succinct form. The purpose is to assist the court efficiently. Verbose, repetitive briefs detract from effective advocacy and may prejudice the court against the prolix party. Quality, not quantity, defines a good brief.