LEGAL PRINCIPLE: APPELLATE PRACTICE — Powers of Appellate Court — Powers of Court of Appeal — Section 16 of Court of Appeal Act — Scope
PRINCIPLE STATEMENT
Section 16 of the Court of Appeal Act empowers the Court of Appeal to make an order which the court below could have made. The Court of Appeal may only make orders or give judgments which the court of first instance was entitled under the law to give.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Faleye v. Otapo (1995) NLC-31993(SC) at pp. 40–41; Paras. D–A.
"Section 16 of the Court of Appeal Act empowers the Court of Appeal to make an order which the court below could have made. The primary object of Section 16 and Order 1 rule 20 of the Court of Appeal Rules is to enable the Court of Appeal to make any order or give such judgment which the court below ought to have given for the speedy and satisfactory dispensation of justice according to law. The Court of Appeal may only make orders or give such judgments which the court of first instance at all material time is entitled under the law and rules to give, but not otherwise."
EXPLANATION / SCOPE
Section 16 gives the Court of Appeal power to make orders the trial court could have made. The power is not unlimited. The appellate court cannot make orders beyond the trial court’s jurisdiction. The principle applies to all appeals. The court must ensure the order is lawful. The rule promotes efficiency and finality. The appellate court cannot exceed the powers of the trial court.