LEGAL PRINCIPLE: APPELLATE PRACTICE – Remittal of Case – Where Appellate Court Failed to Consider Issues – Rehearing Ordered
PRINCIPLE STATEMENT
Without the resolution of the issues raised before the court below, this court cannot deliberate upon them. For that reason this appeal will be remitted to the court below for the appeal to be reheard by a different panel of that court.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Onwe & Ors v. Nwaogbuinya & Ors (2001) NLC-201991(SC) at p. 20; Paras B–C.
"Without the resolution of the issues raised before the court below, this court cannot deliberate upon them. For that reason this appeal will be remitted to the court below for the appeal to be reheard by a different panel of that court."
EXPLANATION / SCOPE
Where the court below failed to resolve issues raised before it, the Supreme Court cannot deliberate on them directly. The proper remedy is to remit the appeal to the court below for rehearing by a different panel. Remittal, not final determination by the Supreme Court, respects the appellate hierarchy. The lower court should have the first opportunity to address the issues. A different panel ensures impartiality and avoids prejudice from the earlier failure. The parties are entitled to a proper hearing on all issues. Remittal promotes justice and procedural correctness. The Supreme Court will not usurp the function of the intermediate appellate court.
