APPELLATE PRACTICE — Brief Writing — Effect of Defective or Inelegant Brief — Duty of Appellate Court
Ratio Decidendi
Per Oputa, JSC (as adopted by Tabai, JSC), in Obiora v. Osele (1989) 1 NWLR (Part 97) 279 at p. 302; Paras A–C (as cited in EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC) at pp. 7–8; Paras D–E):
"The mere fact that a brief filed by an appellant did not comply with the rules made under Order 6 of the Court of Appeal Rules does not mean that the appellant has filed no brief. The court cannot in these circumstances deem a brief filed as no brief. I have held that a court cannot dismiss an appeal simply because an appellant's brief is faulty."
Explanation / Scope
This principle establishes that a defective or inelegant brief does not mean no brief has been filed. The court cannot dismiss an appeal simply because the brief is faulty or does not comply with rules. The principle applies where a brief is challenged for procedural defects. It ensures that appeals are not dismissed on technical grounds. The principle reflects the need for substantial justice. It prevents harsh consequences for procedural errors. The court must consider the substance of the brief. The principle provides guidance on the treatment of defective briefs.