Order 4 — Applications

Every application to the Court shall be by motion on notice, stating the Rule under which it is brought, the grounds for the reliefs sought and shall be supported by an affidavit and a written address. Each written address shall not exceed ten (10) pages.

Time to file process.

Respondent’s written address.

Applicant’s reply address.

Title of proceedings.

(1) An application for extension of time within which to apply for leave to appeal or to file a Notice of Appeal or to seek any other remedy in the Court shall be by motion on notice supported by an affidavit and a written address and shall be accompanied by:
(a) a certified true copy (CTC) of the decision of the trial Court;
(b) a certified true copy of the judgment from which it is intended to appeal;
(c) a copy of other proceedings necessary to support the complaints against the judgment;
(d) grounds of appeal which prima facie show good cause why the appeal should be heard;
(e) where leave has been refused by the Court below, a copy of the order refusing leave; and
(f) a written address in support of the application.

(2) When time is so enlarged a copy of the order granting such enlargement of time shall be annexed to the Notice of Appeal.

Where leave to appeal is granted by the Court or the Court below or notice of Appeal at the Court below, the order and notice shall be exhibited as part of the Record of Appeal.

Where an application has been refused by the Court below, an application for a similar purpose may be made to the Court within twenty-one (21) days after the date of the refusal.

Wherever under the Rules an application may be made either to the Court below or to the Court it shall not be made in the first instance to the Court except where there are exceptional circumstances which make it impossible or impracticable to apply to the Court below.

Where, in an appeal to the Court from the Court below, the Court below has affirmed the findings of fact of the Court of first instance, any application to the Court in pursuance of its jurisdiction under section 233(3) of the Constitution for leave to appeal shall be granted only in exceptional circumstances.

Where in any proceedings or at any stage of the hearing of any cause or matter, a question arises concerning the validity or constitutionality of any enactment or other law, the Court may, if it considers that it is necessary and expedient so to do, invite the Attorney-General of the Federation, the Attorney-General of the appropriate State or any other Legal Practitioner to attend the hearing of such cause or matter for the purpose of presenting arguments on such issues of validity or constitutionality.

(1) Without prejudice to the powers of the Court to hear oral arguments, an application may be considered and determined by the Court in chambers.

(2) The Respondent shall file a notice of non-contention within fourteen (14) days of service of the application on him where he does not intend to contest the application.

(1) A Respondent intending to rely upon a preliminary objection at the hearing of the appeal shall give the Appellant not less than five (5) clear days’ notice thereof before the hearing, setting out the grounds of objection, and shall file such notice with eleven (11) physical copies and an electronic copy thereof with the Registry within the same time. The preliminary objection shall be argued in the Respondent’s brief of argument:
Provided that where briefs have already been filed, a written address shall be filed with the notice of objection.

(2) Where the Respondent fails to comply with this Rule, the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the Respondent or may make such other order(s) as it deems appropriate.

An application to strike out or set aside for non-compliance with these Rules, or for any other irregularity arising from the rules of practice and procedure in this Court, any proceedings or any step taken in any proceedings or any document, judgment or order therein shall only be entertained by the Court if it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(1) The time provided by the Rules for filing any process shall be automatically extended in the first instance for the same period. In the second instance with payment of penalty for the time the applicant is in default but not exceeding the prescribed time. Thereafter, no application for extension of time shall be entertained except in an appeal against a death sentence.

(2) No objection shall be taken to the hearing of an application or an appeal on the ground that the amount fixed by the Registrar of the Court below under Order 5 Rule 1(1) of these Rules was incorrectly assessed.

The Court may dispose of any application for leave to appeal from any decision of the Court below or any other tribunal in respect of any civil or criminal proceedings in which leave to appeal is necessary after consideration of the record of the proceedings if the Court is of the opinion that the interests of justice do not require an oral hearing of the application.

Except as otherwise stated in this Order, or the context so admits, this Order shall apply to all matters whether civil or criminal.