APPELLATE PRACTICE — Jurisdiction — Raising Issue of Jurisdiction in Application for Extension of Time to Appeal — Must be Apparent on Face of Record
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 16, para. E – p. 17, para. A:
"The issue of jurisdiction has been the gist of some of the cases and has been legitimately raised as complaints by way of grounds of appeal and their particulars as set out in that regard against the appealed judgment and so it must prima facie arise from the judgment which must be exhibited to the affidavit in support as the claim of want of jurisdiction as here cannot be at large. The plea of want of jurisdiction should not be fanciful but has to be showed as stemming from the appealed judgment and the record."
Explanation / Scope
This principle establishes that a plea of want of jurisdiction raised in an application for extension of time to appeal must prima facie arise from the appealed judgment and record, which must be exhibited to the affidavit in support. The plea cannot be fanciful. The principle applies where jurisdiction is raised in extension applications. It ensures that jurisdictional claims are grounded in the record. The principle reflects the need for concrete evidence of jurisdictional error. It prevents speculative jurisdiction claims. The court must determine if the plea is supported by the record. The principle provides guidance on raising jurisdiction in extension applications.