LEGAL PRINCIPLE: APPELLATE PRACTICE — Extension of Time — Power of Registrar — Registrar Cannot Extend Time for Perfecting Conditions of Appeal
PRINCIPLE STATEMENT
There is no provision in the High Court Rules conferring powers on the Assistant Chief Registrar to extend time within which a party wishing to appeal can perfect the conditions of appeal. It is only the court that has the power to extend time and not the Registrar.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Okolo & Anor v. UBN Ltd (2004) NLC-1611998(SC) at pp. 23–24; Paras D–E.
"There is no provision in the High Court Rules conferring powers on the Assistant Chief Registrar to extend time within which a party wishing to appeal from the High Court to the Court of Appeal can perfect the conditions of appeal. It is only the court that has the power to extend the time and not the Registrar."
EXPLANATION / SCOPE
Only the court, not the Registrar, has power to extend time for perfecting appeal conditions. Registrar lacks statutory authority to grant such extensions. The principle applies to appellate practice. The rule prevents improper delegation of judicial power. Any extension granted by Registrar is invalid and of no effect. Parties must apply to the court for time extensions.
