LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Competence of Grounds of Appeal Against Trial Court
PRINCIPLE STATEMENT
The Supreme Court receives appeals from the Court of Appeal, not directly from the High Court. Grounds of appeal that complain directly against the decision of the High Court are incompetent.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Okon v. The State (1995) NLC-571994(SC) at p. 4; Para. B.
"This court receives appeals from the Court of Appeal and not the High Court. See Section 213(1) of the Constitution of Nigeria. 1979. The two grounds of appeal are therefore incompetent."
EXPLANATION / SCOPE
The Supreme Court’s appellate jurisdiction is over decisions of the Court of Appeal. Direct appeals from the High Court are incompetent. The principle applies to all appeals to the Supreme Court. The appellant must first appeal to the Court of Appeal. The rule is constitutional. The court will strike out incompetent grounds. The appellant may refile properly. The principle ensures proper appellate hierarchy.