Filing of briefs

• Pages: 645-648

645

(76) FILING OF BRIEFS

1196. Application of oral submission without filing respondent’s brief under

Order 6 rule 10 of the Court of Appeal rules to a respondent who intends to

support an appeal.

(1) “When we allowed Mr. Akuneme, learned Director of Civil Litigation, Ministry of

Justice, Imo State leave to make oral submission without filing a respondent’s brief,

we acted under the belief that he was to support the ruling of the Court of trial.” - Per

Kolawole, J.C.A in Nwarie. v. Amauwa Suit No. CA/PH/140/91; (1991) 8 N.W.L.R.

(Pt. 207) 68 at 81.

(2) “The National Electoral Commission and the Attorney General of Imo State who

were the 2nd and 3rd defendants with the appellant as first defendant against whom

the Court below gave judgment did not file a notice of appeal against the said judgment

and could not be heard to make oral submission to ask that the appeal be allowed as

the Director of Civil Litigation argued on their behalf.” - Per Kolawole, J.C.A., in

Nwarie v. Amauwa Suit No. CA/PH/140/91; (1991) 8 N.W.L.R. (Pt. 207) 68 at 81.

(3) “The second and third defendants did not file a notice and ground of appeal and to

that extent they cannot be heard at all even by leave of the Court of Appeal. The

second and third defendants are not respondents to whom Order 6 rule 10 of the

Court of Appeal refers. The leave granted to the Director of Civil Litigation to address

the Court orally under Order 6 rule 10 aforesaid is set aside and I shall discountenance

all the submissions made to us.” - Per Kolawole, J.C.A., in Nwarie v. Amauwa Suit

No. CA/PH/140/91; (1991) 8 N.W.L.R. (Pt. 207) 68 at 81.

1197. Effect of an abandoned brief.

It is fatal for an appeal Court to decide an appeal upon the abandoned brief of argument

of any of the parties no matter the result arrived at if an appeal is lodged against the

judgment. - Per Uwaifo, J.S.C., in Tunbi v. Opawole Suit No. S.C.92/1993; (2000)

1 S.C. 1 at 13; (2000) 6 N.W.L.R. (Pt. 660) 228 at 319.

1198. Effect of brief of matters neither predicated on a ground of appeal nor

subsumed under any issue.

“The law is clear that any consideration in a brief of matters neither predicated on

aground of appeal nor subsumed under any issue for determination would be

discountenanced. This shall be the fate of respondent’s submission made on the above

sub title.” - Per Achike, J.S.C., in Abacha v. Fawehinmi (2000) 4 S.C. (Pt. II) 97.

1199. Error of Court in considering an abandoned brief.

“It is more than a technical error committed by the Court of Appeal to decide an

appeal before it on an abandoned brief. As Karibi Whyte J.S.C., opined in Nwokoro

& Ors. v. Titus & Anor. (supra) to wit: - “In the absence of a brief of argument

641 Filing of briefs Paras. 1196-1199