LEGAL PRINCIPLE: APPELLATE PRACTICE — Extension of Time — Requirements for Granting Application for Extension of Time to Appeal
PRINCIPLE STATEMENT
For an application for extension of time to succeed, there must be, first, good and substantial reasons for the failure to appeal within the prescribed period, and secondly, the proposed grounds of appeal must show prima facie good cause why the appeal should be heard.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Kotoye v. Saraki & Anor (1995) NLC-2121994(SC) at p. 7; Paras. D–E.
"Now, it is settled that for an application for extension of time to succeed there must be first, good and substantial reasons for the failure to appeal within the period prescribed and secondly, the proposed grounds on which to appeal must show prima facie, good cause why the appeal should be heard."
EXPLANATION / SCOPE
Extension of time to appeal requires two elements: good and substantial reasons for delay, and prima facie good grounds of appeal. The applicant must satisfy both conditions. The principle applies to all applications for extension. The court will examine the reasons for delay. The grounds of appeal must show arguable merit. The rule prevents frivolous appeals. The applicant must act diligently. The principle promotes finality while allowing meritorious late appeals.