LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeal to Supreme Court — Grounds of Mixed Law and Fact — Necessity for Leave
PRINCIPLE STATEMENT
Only an appeal on grounds of law alone can be brought as of right from the Court of Appeal to the Supreme Court; grounds of mixed law and fact require leave, and failure to obtain leave renders the appeal incompetent.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Abidoye & Ors v. Alawode & Ors (2001) NLC-1271996(SC) at p. 7; Paras D–E.
"It is only where an appeal is on ground of law alone that an appellant can appeal as of right from the Court of Appeal to the Supreme Court without leave. Where the ground of appeal is of mixed law and fact and neither the leave of the court below nor that of the Supreme Court was sought and obtained as required by section 213(2) and 213(3) of the Constitution of the Federal Republic of Nigeria, 1979, the appeal is incompetent and should be struck out."
EXPLANATION / SCOPE
Appeals to the Supreme Court on grounds of law alone may be brought as of right without leave. Appeals on grounds of mixed law and fact or fact alone require leave of either the Court of Appeal or the Supreme Court. Failure to obtain leave renders the appeal incompetent, and the court will strike it out. The distinction is based on the Constitution. The appellant must correctly classify grounds and obtain leave where required. The court will not treat an incompetent appeal as valid. The principle ensures that only appeals with sufficient merit proceed to the Supreme Court on mixed or factual grounds. The requirement is jurisdictional.
