CIVIL PROCEDURE — Appeal — Right of Appeal — Constitutional Right Not Matter of Tokenism
Ratio Decidendi
Per Oguntade, JSC, in Edjekpo & Ors v. Osia & Ors (2007) NLC-123-250-2001(SC) at p. 16; Paras E–B:
"A right of appeal is not a matter of 'tokenism'. It is an important and overriding right which enables the appellate court to consider with gravity the issues agitated in a particular appeal. It is not open to an appellate court to assume that the trial court would not have been influenced in the process of arriving at its conclusion by the totality of the evidence called by parties."
Explanation / Scope
The right of appeal is constitutionally guaranteed and must be given full effect. An appellate court cannot treat the right lightly or dismiss it as a mere formality. The court must seriously consider all issues raised on appeal. Where part of the evidence is missing, the appellate court cannot assume that the missing evidence would not have affected the trial court’s decision. The totality of the evidence—including all oral testimony—must be available for proper appellate review. The right of appeal means the appellant is entitled to have the entire case reviewed, not just portions of it.