LEGAL PRINCIPLE: APPELLATE PRACTICE — Remittal of Case — Supreme Court May Remit Case Where Court of Appeal Failed to Consider Issue
PRINCIPLE STATEMENT
Where the Court of Appeal failed to consider an appeal on a particular issue, the Supreme Court would, in a proper case, remit the case to it by virtue of section 22 of the Supreme Court Act to rehear the appeal and decide that issue among others.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Osasona v. Ajayi & Ors (2004) NLC-1181999(SC) at p. 10; Paras D–E.
"Where the Court of Appeal failed to consider an appeal on a particular issue, the Supreme Court would, in a proper case, remit the case to it by virtue of S.22 Supreme Court Act, Cap. 424 to rehear the appeal and decide that issue among others."
EXPLANATION / SCOPE
The Supreme Court may remit a case to the Court of Appeal when that court failed to consider a particular issue. Remittal is done under section 22 of the Supreme Court Act. The principle applies to appellate practice. The rule allows the lower appellate court to address overlooked issues. Remittal is discretionary and proper only in appropriate cases.
