LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Mixed Law and Fact — Leave Required
PRINCIPLE STATEMENT
Under Section 213(3) of the 1979 Constitution, leave is required for an appeal to the Supreme Court on grounds of mixed law and fact; failure to obtain leave renders the ground incompetent.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC) at pp. 11–12; Paras E–A.
"By the provisions of section 213 subsection (3) of the 1979 constitution, applicable to an appeal to this court, it was necessary for the appellants to obtain leave as canvassed in the preliminary objection. As this was not done, I have no difficulty to hold that the preliminary objection succeeds. Accordingly, the 1st ground of appeal is incompetent and it is hereby struck out."
EXPLANATION / SCOPE
Appeals to the Supreme Court on grounds of mixed law and fact require prior leave. Leave may be obtained from the Court of Appeal or the Supreme Court. Failure to obtain leave renders the ground incompetent. The court will strike out such grounds. The requirement is constitutional. Appeals on law alone may be brought as of right. The distinction between law and mixed law and fact is crucial. The court examines the substance of the ground. The appellant cannot circumvent the requirement by labelling the ground as law. The rule ensures that only meritorious appeals proceed. The principle applies to all appeals.