APPELLATE PRACTICE — Grounds of Appeal — Competency — Appeal from Court of Appeal not Trial Court
Ratio Decidendi
Per Ogbuagu, JSC, in Ogunbayo v. State (2007) NLC-123-272-2005(SC) at pp. 1–2; Paras A–D:
"This Court, does not deal with an appeal against the decision of a trial court, but with that against the decision of the Court of Appeal. This is so, by virtue of the provisions of Section 233 (1) of the Constitution of the Federal Republic of Nigeria, 1999... In other words, it is the finding/findings of the Court of Appeal, and not that of a trial court, that is appealable to this Court."
Explanation / Scope
This principle establishes the jurisdictional scope of the Supreme Court in hearing appeals. By Section 233(1) of the 1999 Constitution, the Supreme Court’s appellate jurisdiction is limited to appeals from the Court of Appeal, not directly from trial courts. The Supreme Court reviews the decision of the Court of Appeal, examining whether the lower appellate court properly evaluated the trial court’s findings. This means appellants must direct their grievances to the Court of Appeal’s reasoning, not merely reargue the trial court’s decision. The principle ensures proper appellate hierarchy and prevents the Supreme Court from being flooded with direct appeals from trial courts. It applies to all appeals to the Supreme Court.