LEGAL PRINCIPLE: APPELLATE PRACTICE — Practice Direction — Vacation Period — Effect on Computation of Time to Appeal
PRINCIPLE STATEMENT
A practice direction on vacation period pertains to filing briefs, not to the statutory period for appealing; rules of court and practice directions cannot override statutory provisions.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Auto Import Export v. Adebayo & Ors (2002) NLC-491997(SC) at pp. 10–11; Paras A–B.
"The above practice direction which was rightly issued pursuant to the provisions of order 10 rule 2 of the Supreme Court Rules has since been regarded as part of those rules. However, that practice direction merely pertains to the computation of the period of filing briefs by either parties to an appeal and does not concern the statutory period of time within which to appeal from a decision of the Court of Appeal as expressly provided for under section 27(2) of the Supreme Court Act, Cap. 424, Laws of the Federation of Nigeria, 1990. At all events, I need, perhaps to stress that neither practice directions nor indeed rules of court can override statutory provisions."
EXPLANATION / SCOPE
Practice directions and rules of court cannot override statutory provisions. The statutory period for filing an appeal is fixed by law. Practice directions on vacation periods apply to filing briefs, not to the time for appealing. The principle ensures that statutory rights of appeal are not curtailed by subordinate instruments. The court will respect the supremacy of statutes. The appellant must comply with the statutory period. Practice directions may extend time for filing briefs but cannot extend the time for filing the notice of appeal. The rule is based on the hierarchy of legal norms. The court will strike out appeals filed outside the statutory period without extension.