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 a fresh point raised for the first time on appeal if: (1) the lower court had no opportunity to express its views on it; or (2) the lower court is in a more advantageous position to deal with it (e.g., matters requiring factual findings or evaluation of evidence). The principle respects the appellate hierarchy and prevents the Supreme Court from acting as a first-instance tribunal on factual matters. Even where the point is legal, the Court may decline if the lower court’s views would be beneficial. The exception is for jurisdictional issues, which can be raised at any time. The Court exercises discretion.
