LEGAL PRINCIPLE: APPELLATE PRACTICE – New Points on Appeal – When Allowed – Question of Law Requiring No Further Evidence
PRINCIPLE STATEMENT
A new question will be allowed on appeal where it involves a substantial point of law, substantive or procedural, and it is obvious that no further evidence could have been adduced which would affect the decision.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Nigeria Engineering Works Ltd. v. Denap Ltd. & Anor (2001) NLC-1631997(SC) at p. 27; Paras E–A.
"This court will allow a new question to be raised where the question involves substantial point of law, substantive or procedural, and it is obvious that no further evidence could have been adduced which would affect the decision of it."
EXPLANATION / SCOPE
A new point may be raised on appeal if: (1) it involves a substantial point of law (substantive or procedural); and (2) no further evidence could have been adduced that would affect the decision. The principle allows pure legal issues to be raised for the first time on appeal because they do not require additional factual inquiry. The opposing party is not prejudiced since the legal argument can be addressed without new evidence. However, points requiring fresh evidence or factual findings are generally not allowed. The court has discretion and will consider the interests of justice. The rule balances finality with the need to correct legal errors. The appellant must show both conditions are satisfied.
