LEGAL PRINCIPLE: APPELLATE PRACTICE — Extension of Time — Requirements for Grant of Application for Extension of Time to File Brief
PRINCIPLE STATEMENT
Except in very exceptional circumstances, the court will no longer direct or order that non-compliance with the Rules, such as failure to appeal within the time allowed, may be remedied either by extension of time or by any other means whatsoever.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, citing the Practice Directions of 26th April, 1982, in Nigerian Airports Authority v. Okoro (1995) NLC-971989(SC) at p. 1; Para. C.
"Accordingly, both appellants and respondents in civil matters are hereby informed that, except in very exceptional circumstances the Court will no longer direct or order that any non-compliance with the Rules, such as failure to appeal within the time allowed, may be remedied either by extension of time or by any other means whatsoever."
EXPLANATION / SCOPE
Extension of time to file briefs is not granted as a matter of course. Very exceptional circumstances must be shown. The principle promotes compliance with rules of court. The appellant must show good cause for delay. The rule applies to all appeals. The court will not condone laxity. The practice direction emphasises strict compliance. The applicant must demonstrate diligence. The principle ensures timely prosecution of appeals.