LEGAL PRINCIPLE: APPELLATE PRACTICE – Fresh Points – When Supreme Court Will Not Entertain
PRINCIPLE STATEMENT
Fresh point will not ordinarily be entertained by the Supreme Court if it had not the benefit of the views of the Justices of the lower court, or if the lower court is in a more advantageous position, as in this case, to deal with it.
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 8; Paras C–D.
"Fresh point will not ordinarily be entertained by the Supreme Court if it had not the benefit of the views of the Justices of the lower court, or if the lower court is in a more advantageous position, as in this case, to deal with it."
EXPLANATION / SCOPE
The Supreme Court will not ordinarily entertain fresh points that were not raised below, especially if the lower court is in a more advantageous position to deal with them. The lower court may have better access to evidence or factual context. The absence of lower court views deprives the Supreme Court of valuable analysis. The exception is for pure points of law where no additional facts are needed. The court may also consider fresh points if justice demands or jurisdiction is involved. The appellant must seek leave. The principle encourages raising issues at the earliest opportunity. The court will not allow parties to ambush opponents with new issues on appeal.
