Allegation of bias

• Pages: 47-47

47

(12) ALLEGATION OF BIAS

88. Nature of an allegation of bias.

“With the greatest respect to the Senior Advocate, there is no allegation of bias in the

2 grounds of appeal at all, and bias cannot be inferred from them either. Bias is a

serious allegation, which should be specially stated in the grounds of appeal if it is

intended to rely upon it.” - Per Ogebe, J.C.A., in Eboka v. Esedebe Suit No. CA/B/

49M/94; (1995) 3 N.W.L.R. (Pt. 384) 486 at 496.

(13) AMENDMENT OF PLEADINGS

89. Amendment of pleadings by the Court of Appeal.

(1) “In the interpretation of Section 16 of Cap. 75 Court of Appeal Act as Court is

not hungry after jurisdiction by Sir William Scott. The two friends (1799) 1 C ROB

AD REP 280. Though Judges have a duty to expound the jurisdiction of the Court

but it is not part of their duty to expand it. Kekewich J. in Re Montagu 1897 LR 1

CD 1897 p. 693 and that a Court cannot give itself jurisdiction by misconstruing a

statute. See Pollick Baron in Queen v. Country Court of Linconshire & Dixon

1887 L.J. (NS) 57 Q.B.D. 137 applying the above guiding principle this Court shall

not interprete Section 16 of Cap. 75, Court of Appeal Act to hijack the original

jurisdiction of the High Court as there is no appeal before it on the refusal by the

High Court of the prayer for counter-claim this Court lacks jurisdiction to grant it.

Like the Supreme Court in Ogugu v. The State (supra), the prayer for amendment

in this Court by incorporation of a counter-claim was rightly rejected by my learned

brother Katsina-Alu, J.C.A., in the lead ruling.” - Per Onalaja, J.C.A., in Eleki v.

Oko Suit No. CA/PH/207/91; (1995) 5 N.W.L.R. (Pt. 393) 100 at 113.

(2) “There is no doubt that an amendment of pleadings can be made in the Court of

Appeal in appropriate cases. There are statutory provisions and rules in this regard.

See Order 1 rule 20(1) of the Court of Appeal rules and Section 16 of the Court of

Appeal Act, 1976. Section 16 gives the Court of Appeal in its appellate jurisdiction

full jurisdiction over the whole proceedings as if the proceedings had been instituted

in the Court of Appeal as a Court of first instance. Section 16 is very wide and

invests the Court with power in relation to an appeal before it to make any order,

which the lower Court could have made by treating the matter as if it was filed in the

first instance before it. See Igweshi v. Atu (supra). The object of the Courts, no

doubt, is to decide the rights of the parties, and not to punish them for mistakes which

they may make in the conduct of their cases by deciding otherwise than in accordance

with their rights. See Igbe v. New Nigeria Bank (supra).” - Per Katsina Alu, J.C.A.,

in Eleki v. Oko Suit No. CA/PH/207/91; (1995) 5 N.W.L.R. (Pt. 393) 100 at 109.

(3) “I have read all of these cases that are within my reach on this issue cited by both

sides. They are all centered on the general principle that govern propriety to amend

pleadings at any stage of proceeding and power of an appellate Court to grant such

Amendment of pleadings Paras. 88-89