LEGAL PRINCIPLE: CIVIL PROCEDURE – Appeals – Fresh Points – Fresh Points of Law Require Leave of Court
PRINCIPLE STATEMENT
No doubt, as unyieldingly submitted by Mr. Ogundeyin of learned counsel, relying on Mobil Oil Nig. Ltd. v. FBIR (1977) 3 SC 53 that fresh points of law can be taken in the Supreme Court, but he went completely wide and out of tangent when he further pressed on us that such fresh points of law could be taken even without leave. That was unquestionably bizarre. It is unacceptable.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Adenuga & Ors v. Odumeru & Ors (2001) NLC-432000(SC) at p. 14; Paras D–E.
"No doubt, as unyieldingly submitted by Mr. Ogundeyin of learned counsel, relying on Mobil Oil Nig. Ltd. v. FBIR (1977) 3 SC 53 that fresh points of law can be taken in the Supreme Court, but he went completely wide and out of tangent when he further pressed on us that such fresh points of law could be taken even without leave. That was unquestionably bizarre. It is unacceptable."
EXPLANATION / SCOPE
Fresh points of law may be raised in the Supreme Court, but only with leave of the court. Raising fresh points without leave is unacceptable. The requirement ensures that the opposing party is not taken by surprise and that the court has the benefit of lower court consideration where appropriate. Leave is discretionary and granted only in exceptional circumstances. The applicant must show that the point is substantial, could not have been raised earlier, and no prejudice to the opposing party. The rule balances flexibility with procedural fairness. Fresh points of law are not automatically allowed. Leave is a prerequisite for competence.