LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Raising New Issue on Appeal — Requirement of Leave
PRINCIPLE STATEMENT
For an appellant to canvass before the Supreme Court an issue that was raised at the trial court but abandoned in the Court of Appeal, it is tantamount to an appeal on an issue directly from the High Court to the Supreme Court, which is objectionable unless upon leave to argue it as a new issue.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at p. 4; Paras D–E.
"For the appellant to canvass before this court the defence of insanity which was raised at the trial court but abandoned in the Court of Appeal is tantamount to an appeal on an issue directly from the decision of the High Court to the Supreme Court which on the authorities referred to above is objectionable unless upon leave to argue it as a new issue."
EXPLANATION / SCOPE
An issue abandoned in the Court of Appeal cannot be raised in the Supreme Court without leave. The principle applies to appellate practice. The Supreme Court cannot hear direct appeals from the High Court. The rule ensures proper appellate hierarchy. The appellant must seek leave. The principle is well-established.