LEGAL PRINCIPLE: APPELLATE PRACTICE – Leave to Appeal – Duty of Court on Application for Leave – Whether Merits of Grounds to Be Determined
PRINCIPLE STATEMENT
The duty of the court in the consideration of grounds of appeal proposed by an applicant to support an application for leave to appeal is limited to whether the grounds of appeal are substantial and reveal arguable grounds. It is not the business of the court at this stage to decide upon the merits of such grounds as are filed in support of the application.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Central Bank of Nigeria v. Ahmed & Ors (2001) NLC-92001(SC) at p. 21; Paras D–E.
"The duty of the court in the consideration of grounds of appeal proposed by an applicant to support an application for leave to appeal is limited to whether the grounds of appeal are substantial and reveal arguable grounds. It is not the business of the court at this stage to decide upon the merits of such grounds as are filed in support of the application."
EXPLANATION / SCOPE
On an application for leave to appeal, the court’s duty is limited to assessing whether grounds are substantial and arguable—not to determine their merits. The court does not decide whether the grounds will succeed. The threshold is low: are the grounds arguable, not frivolous? The merits are for the full appeal hearing. Premature merits determination would pre-judge the appeal. The applicant need only demonstrate that the grounds raise arguable issues. The court should not dismiss arguable grounds because it doubts success. The principle ensures access to appellate review. Leave should be granted where there is a real chance of success, not certainty. The court exercises discretion judicially.
