LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues on Appeal – Issue Not Raised Below – Incompetence
PRINCIPLE STATEMENT
This court will not consider an issue which was not raised at the court below and no leave of this court was sought before the issue was formulated.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Babatola v. Aladejana (2001) NLC-801996(SC) at p. 12; Paras B–C.
"This court will not consider an issue which was not raised at the court below and no leave of this court was sought before the issue was formulated."
EXPLANATION / SCOPE
An issue not raised in the court below is incompetent on appeal unless leave is sought and obtained. The appellate court will not consider such issues. The principle ensures that lower courts have the first opportunity to address issues. Raising new issues on appeal without leave surprises the opposing party and denies the lower court the chance to rule. The requirement applies to issues of fact and law, except jurisdictional issues (which can be raised at any time). The party seeking to raise a fresh issue must apply for leave, showing special circumstances. The court has discretion to grant or refuse. Failure to seek leave renders the issue incompetent.
