LEGAL PRINCIPLE: APPELLATE PRACTICE – Parties – Right of Appeal – Separate and Independent Right of Each Aggrieved Party
PRINCIPLE STATEMENT
When a party exercises his undoubted and constitutional right of appeal, that another and separate party to the proceedings in which the decision appealed against has been made, chose not to appeal from the decision, or having appealed, chose to withdraw his appeal, should have no effect on the appeal of the party who has appealed and is determined to pursue his appeal. As long as the party prosecuting the appeal has a standing to prosecute his appeal, his appeal is unaffected by the withdrawal of the appeal of a co-party.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at pp. 18–19; Paras E–A.
"When a party exercises his undoubted and constitutional right of appeal, that another and separate party to the proceedings in which the decision appealed against has been made, chose not to appeal from the decision, or having appealed, chose to withdraw his appeal, should have no effect on the appeal of the party who has appealed and is determined to pursue his appeal. As long as the party prosecuting the appeal has a standing to prosecute his appeal, his appeal is unaffected by the withdrawal of the appeal of a co-party."
EXPLANATION / SCOPE
The right to appeal is personal, separate, and independent for each aggrieved party. A co-party’s decision not to appeal, or to withdraw their appeal, does not diminish or affect another party’s right to pursue their own appeal. Each party’s standing is assessed independently. The appeal continues unaffected as long as the prosecuting party has the requisite standing and interest. This principle prevents tactical manipulation—one party cannot defeat another’s constitutional right of appeal by withdrawing or failing to join. Appellate courts must treat each appeal on its own merits regardless of co-parties’ procedural choices.