APPELLATE PRACTICE — Interlocutory Appeals — Leave to Appeal — Question of Law Alone
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 7; Paras A—B:
"It is my considered opinion that the provisions of Section 233(2)(a), (3) and (6) should be given a harmonious reading in such a manner that it does not obliterate the clear provisions of Section 233(2)(a) which gives a specific provision of right of appeal without leave on point of law. Subsection (3) of Section 233 of the Constitution makes other rights of appeal subject to that provided in subsection (2)(a) of the same."
Explanation / Scope
This principle establishes that Sections 233(2)(a), (3), and (6) of the Constitution should be read harmoniously so as not to obliterate the right of appeal without leave on a point of law. The principle applies in interlocutory appeals. It ensures that the right of appeal on law is preserved. The principle reflects the hierarchy of appeal rights. It prevents subsection (3) from overriding subsection (2)(a). The court must give a harmonious reading. The principle provides guidance on interlocutory appeals.