APPELLATE PRACTICE — Reply Brief — Effect of Failure to File Reply Brief
Ratio Decidendi
Per Muhammad, JSC, in Dairo v. Union Bank of Nigeria Plc & Anor (2007) NLC-123-187-2002(SC) at p. 6; Paras B–D:
"Where an appellant fails to file a reply brief where it is necessary for him to do so... he will be deemed to have conceded all the new points or issues arising from the respondent's brief."
Explanation / Scope
A reply brief is the appellant’s opportunity to respond to fresh arguments or issues raised by the respondent that were not addressed in the appellant’s main brief. Failure to file a reply brief when required is deemed an admission or concession of those new points. This rule ensures finality and prevents appellants from ambushing respondents at the oral hearing. The court will not allow an appellant to raise arguments in reply that should have been in the reply brief.