LEGAL PRINCIPLE: APPELLATE PRACTICE – Grounds of Appeal – Issues Raised for First Time – Leave Requirement
PRINCIPLE STATEMENT
Appeals go from the Court of Appeal to this court and where any issue is being raised for the 1st time before this court the pre-requisite to do so is leave of this court. There was no such leave sought and obtained.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Salami v. Mohammed & Anor (2000) NLC-2191994(SC) at p. 7; Paras A–B.
"Appeals go from the Court of Appeal to this court and where any issue is being raised for the 1st time before this court the pre-requisite to do so is leave of this court. There was no such leave sought and obtained."
EXPLANATION / SCOPE
Issues not raised in the Court of Appeal cannot be raised for the first time before the Supreme Court without leave. This requirement ensures that appellate courts review decisions based on issues properly canvassed below. The lower court must have had the opportunity to consider and rule on an issue before it can be appealed. Leave is a procedural gatekeeper, preventing parties from springing new issues at the highest level. Failure to obtain leave renders such issues incompetent and liable to be struck out.