Ratio Decidendi

Per Onnoghen, JSC, in Enyibros Foods Processing Company Ltd & Anor v. Nigerian Deposit Insurance Corporation & Anor (2007) NLC-123-271-2001(SC) at pp. 10–11; Paras D–A:

"It is settled that the duty of the appellate court in the consideration of the grounds of appeal proposed by the appellant and filed in support of the application for leave to appeal is limited to whether the grounds of appeal are substantial and reveal arguable grounds. It is therefore not the duty of the court at that stage to decide the merit of such grounds as filed in support of the application for to do so would amount to deciding the substantive matter in an interlocutory application, which the law frowns upon."
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Explanation / Scope

On an application for extension of time to appeal, the court’s role is limited to considering whether the proposed grounds are substantial and arguable. The court should not delve into the merits of the grounds at that stage, as that would be deciding the substantive appeal prematurely. The standard is whether the grounds reveal an arguable case, not whether they will succeed.

Cases Applying This Principle

Enyibros Foods Processing Company Ltd & Anor v. Nigerian Deposit Insurance Corporation & Anor