LEGAL PRINCIPLE: APPELLATE PRACTICE – Futile Appeals – Appeal Without Merit – Dismissal
PRINCIPLE STATEMENT
The conclusion I arrive at then is that this appeal is completely futile... This appeal therefore, is of no merit and I unhesitatingly dismiss it.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Dejonwo & Anor v. Dejonwo & Ors (2000) NLC-591994(SC) at p. 4; Paras C–D.
"The conclusion I arrive at then is that this appeal is completely futile... This appeal therefore, is of no merit and I unhesitatingly dismiss it."
EXPLANATION / SCOPE
An appeal completely lacking in merit is futile and must be dismissed. Where no arguable ground exists, the appellate court should not hesitate to dismiss. This promotes judicial efficiency by terminating hopeless appeals without prolonged consideration. Futility is determined by assessing whether the appellant has any realistic prospect of success. Appeals that merely repeat rejected arguments without new substance, or that ignore binding authority, are futile. The court’s duty to dispense justice includes the obligation to dismiss unmeritorious appeals summarily, conserving resources for genuine disputes.