APPELLATE PRACTICE — Powers of Court of Appeal — Section 16 of Court of Appeal Act — Full jurisdiction over proceedings
Ratio Decidendi
Per Muhammad, JSC, in Hamza v. Kure (2010) NLC-123-227-2001(SC) at p. 14, paras. A–B:
"The court below, in the exercise of powers conferred upon it by section 16 of the Court of Appeal Act of 1976 and Order 3 Rule 23 of the Court of Appeal Rules, 1981, shall have full jurisdiction and control over the whole proceedings as if the proceedings were or had been initially constituted before it as a court of first instance and may re-hear the case wholly or in part as the case may be, and could give any judgment or orders as the justice of the case may require which the trial judge had power to make."
Explanation / Scope
This principle establishes that the Court of Appeal, under Section 16 of the Court of Appeal Act 1976 and Order 3 Rule 23 of the Court of Appeal Rules 1981, has full jurisdiction and control over proceedings, as if they were initially constituted before it. It may re-hear the case wholly or in part and make any judgment or order the justice of the case requires, which the trial judge had power to make. The principle applies where the Court of Appeal exercises its appellate powers. It ensures that the Court of Appeal can do complete justice. The principle reflects the wide powers of the Court of Appeal. It prevents unnecessary remittals. The court must exercise its powers judiciously. The principle provides guidance on the Court of Appeal’s jurisdiction.