APPELLATE PRACTICE — Grounds of Appeal — Grounds of Law — What Constitutes
Principle Statement
A ground of appeal which complains of a breach of the right to fair hearing vide section 36(1) of the 1999 Constitution is a ground of law alone. Same does not require any leave of court to file it under section 233(2) of the Constitution.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in General Electric Company v. Akande & Ors (2010) NLC-3372008(SC) at p. 12; Paras A–C.
"A ground of appeal which complains of a breach of the right to fair hearing vide section 36(1) of the 1999 Constitution is a ground of law alone. Same does not require any leave of court to file it under section 233(2) of the Constitution."
Explanation / Scope
This principle establishes that a ground of appeal alleging breach of fair hearing under Section 36(1) of the Constitution is a ground of law alone and does not require leave. The principle applies where fair hearing is in issue. It ensures that constitutional complaints are treated as law grounds. The principle reflects the constitutional nature of fair hearing. It prevents leave requirements from barring such complaints. The court must classify the ground accordingly. The principle provides guidance on what constitutes a ground of law.
