LEGAL PRINCIPLE: APPELLATE PRACTICE – Powers of appellate court – Substitution of orders
PRINCIPLE STATEMENT
The court shall have power to give any judgment or make any order that ought to have been made. These powers may be exercised even if the appellant asked only for part of a decision to be reversed, and may be exercised in favour of any respondent or party, even if they did not appeal.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ovenseri v. Osagiede (1998) NLC-2771991(SC) at p. 11; Paras A–C.
"The court shall have power to give any judgment or make any order that ought to have been made... These powers may be exercised by the court, notwithstanding that the appellant may have asked that part only of a decision may be reversed or varied, and may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision."
EXPLANATION / SCOPE
Appellate courts have power to make the correct order. The power extends to all parties, even if they did not appeal. The principle applies to all appeals. The court can grant relief not specifically sought. The rule promotes justice and efficiency. The appellate court will not be constrained by the appellant’s limited prayer.