PRINCIPLE STATEMENT

The Supreme Court cannot function outside its normal constitutional role as an appellate court. Issues not raised, or if raised not decided by the trial court, will not normally be allowed to be raised on appeal. The Supreme Court has no jurisdiction to hear a suit or an issue fit for the High Court.

RATIO DECIDENDI (SOURCE)

Per Uwaifo, JSC, in Ibori v. Agbi & Ors (2004) NLC-972003(SC) at pp. 56–57; Paras E–B.
"In a matter of this nature, the Supreme Court cannot function outside its normal constitutional role as an appellate court which is to consider whether issues raised in the trial court have been competently decided there and thereafter properly examined on appeal by the Court of Appeal. Issues not raised, or if raised not decided by the trial court, will not normally be allowed to be raised on appeal... The Supreme Court has no jurisdiction to hear a suit or an issue in a suit fit for the High Court. Hence the general rule adopted by the Supreme Court is that an appellant will not be allowed to raise on appeal a question which was not raised or tried or considered by the trial court."
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EXPLANATION / SCOPE

The Supreme Court cannot make primary findings of fact. The principle applies to appellate practice. Issues not raised at trial cannot be raised on appeal. The rule respects the trial court’s role. The Supreme Court’s jurisdiction is appellate, not original. The principle is fundamental.

CASES APPLYING THIS PRINCIPLE