LEGAL PRINCIPLE: APPELLATE PRACTICE — Hearing on the Merits — What Constitutes — Consideration of Issues in Controversy
PRINCIPLE STATEMENT
An appeal is heard on the merits once the appellate court has considered the issue or issues in controversy in the appeal and has taken a decision either to confirm or set aside the decision of a lower court.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Idakwo v. Ejiga & Anor (2002) NLC-1101998(SC) at p. 7; Para A.
"An appeal is heard on the merits once the appellate court has considered the issue or issues in controversy in the appeal and has taken a decision either to confirm or set aside the decision of a lower court."
EXPLANATION / SCOPE
An appeal is heard on the merits when the appellate court considers the substantive issues in controversy and reaches a decision. The court need not hear oral arguments if the issues are adequately briefed. The principle focuses on substance, not procedure. The appellant’s right to be heard is satisfied by consideration of the briefs. The court’s decision on the merits may be to affirm or reverse. The rule prevents technical challenges based on lack of oral hearing. The court may decide appeals on the briefs alone. The principle promotes judicial efficiency. The key is whether the issues were considered, not the mode of consideration.
