APPELLATE PRACTICE — Court of Appeal — Powers Under Section 15 of the Court of Appeal Act — Conditions for Invocation
Ratio Decidendi
Per Onnoghen, JSC, in Ezeigwe v. Nwawulu (2010) NLC-123-261-2008(SC) at p. 29, paras. B–E:
"For the provision to apply the following conditions must exist, to wit: (a) that the lower court or trial court must have the legal power to adjudicate in the matter before the appellate court can entertain it; (b) that the real issue raised by the claim of the appellant at the lower court or trial court must be seen to be capable of being distilled from the grounds of appeal; (c) that all necessary materials must be available to the court for consideration; (d) that the need for expeditious disposal of the case or suit to meet the ends of justice must be apparent on the face of the materials presented; and, (e) that the injustice or hardship that will follow if the case is remitted to the court below must be clearly manifest."
Explanation / Scope
This principle establishes the five conditions for the Court of Appeal to exercise its powers under Section 15: the lower court had jurisdiction, the real issue is distilled from grounds, all materials are available, expeditious disposal is needed, and injustice would follow from remittal. The principle applies where the Court of Appeal considers exercising its powers. It ensures that the power is exercised appropriately. The principle reflects the conditions for appellate intervention. It prevents improper exercise of power. The court must satisfy all conditions. The principle provides guidance on the invocation of Section 15 powers.