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RULES OF COURT OF APPEAL OF NIGERIA 2011
ARRANGEMENT OF RULES
Order 1 – General
1. | Short title | 2. | Repeal | 3. | Conflict with State Law or Rules |
4. | Forms | 5. | Interpretations |
Order 2 – Service
1. | Personal service for Notice of Appeal | 2. | Address for service | 3. | Failure to endorse address for service |
4. | Notification of change of address | 5. | Address of legal practitioner | 6. | Dispensing with personal service |
7. | Ex-office service | 8. | Service in accordance with state laws | 9. | Service outside jurisdiction |
Order 3 – Registrars, Registries and Sessions
1. | Chief Registrar | 2. | Other Registrars | 3. | Seal of the Court |
4. | Powers of the Chief Registrar | 5. | Book to be kept by Registrar | 6. | File for Documents |
7. | Setting aside or varying order of Registrar | 8. | Registries and filing of processes | 9. | Hours of opening of registry |
10. | Sessions | 11. | Publication of cause list | 12. | Reservation of days for judgment |
13. | Notification of sittings | 14. | Adjournment |
Order 4 – Powers of the court
1. | General | 2. | Further evidence | 3. | Inference of fact |
4. | Powers not limited by notice of appeal | 5. | Powers not limited by interlocutory order | 6. | Powers to make order of injunction |
7. | Impounded documents | 8. | Inspection of impounded | 9. | Powers of the Court as to new trial |
Order 5 – References as to Constitution and reserved point of Law
1. | Stating a case (forms 1 & 2) | 2. | Signature of case stated | 3. | Contents of case stated |
4. | Right of audience |
Civil Appeals
Order 6 – Notice and Grounds of Civil Appeals
1. | Application | 2. | Contents and requirements of Notice of Appeal (Form 3) | 3. | Vague grounds |
4. | Grounds outside notice | 5. | Court not restricted by grounds | 6. | Striking out of notice |
7. | Endorsement as to fees | 8. | Service of Notice on parties mentioned. | 9. | Notice of appeal and address of service |
10. | Respondent’s Notice of Address for service | 11. | Change of address by party | 12. | Directions as to service of Notice of Appeal |
13. | Direction as to service of respondent’s notice | 14. | Effect of direction as to service | 15. | Amendment of Notice of Appeal. |
Order 7 – Application to Court
1. | Forms of applications (form 4) | 2. | Application for leave | 3. | Application refused in lower court time to file |
4. | Application, where first made | 5. | Filing of notice of appeal after leave | 6. | Extension of time for timely |
7. | Requirement of application for leave | 8. | Non-Contentious application | 9. | Time to argue motion |
10. | Enlargement of time | 11. | Appeal when brought. |
Order 8 – Compilation and Transmission of Records
1. | Compilation by registrar | 2. | Summons to settle record (form 7) | 3. | Settlement of records. |
4. | Mandatory compilation by appellant | 5. | Service of record on respondent | 6. | Respondent’s additional record |
7. | Contents of Record of Appeal | 8. | Exclusion of irrelevant records | 9. | Certification of records |
10. | (1) Transmission of Records (form 8)
(2) Notice of transmission of Record (form 9) |
11. | Deposit against cost | 12 | Additional deposit against costs |
13. | Production of documentary exhibit | 14. | Production of non documentary exhibit | 15. | Registrar’s directive where exhibit not produced |
16. | Directives of registrar in respect | 17. | Custody of exhibits | 18. | Failure to compile and transmit record |
18. | Failure to compile and transmit record | 19. | Respondent’s notice after dismissal | 20. | Restoration of appeal. |
Order 9 – Respondent’s Notice of Contention
1. | Respondent’s Notice to vary judgment (Form 10A) | 2. | Respondent’s notice to judgment (Form 10B) | 3. | Respondent’s notice limited by grounds |
4. | Time within which to file respondent’s notice | 5. | Copies of respondent’s notice | 6. | Powers of Court not restricted by absence of notice |
7. | Amendment of Respondent’s Notice |
Order 10 – Notice of Preliminary Objection
1. | Filing of preliminary objection (Form 11) | 2. | Matters exempted from objection | 3. | Effect of non compliance |
Order 11 – Withdrawal of Appeal
1. | Unilateral withdrawal of appeal (Form 12) | 2. | Withdrawal of appeal by consent (Form 13) | 3. | Effect of withdrawal by consent |
4. | Effect of withdrawal without consent | 5. | Appeal withdrawal deemed dismissed | 6. | Appeal by respondent after appellant’s appeal is withdrawn. |
Order 12 – Fees
1. | Schedule of fees | 2. | Exemption from fees for government | 3. | Exemption from fees for poor persons |
Order 13 – Proceedings by Persons with Means
1. | Application for leave | 2. | Conditions for leave | 3. | Effect of leave |
4. | Review of leave | 5. | Cost in proceedings by persons without means |
Order 14 – Service of Record of Appeal to the Supreme Court
1. | Duties of Registrar in respect of service | 2. | Manner of Service | 3. | Notice of compilation |
4. | (1) Certificate of service of record to appellant (Form 14A)
(2) Certificate of service of record to respondent (Form 14B) |
5. | Cost in proceedings by persons without means |
Order 15 – Death of Party to an Appeal
1. | Duty of Counsel | 2. | Addition or substitution of party | 3. | Power to Court to strike out appeal |
Order 16 – Court of Appeal Mediation Programme
1. | Request for Alternative Dispute | 2. | Adjournment of Appeal | 3. | Proceedings on reference |
4. | Outcome of proceedings |
Order 17 – Criminal Appeal
1. | Appeals to which order applies | 2. | Application not specifically | 3. | Notice of appeal or application for leave to appeal or application for extension of time, amendments thereto and Criminal Forms. |
4. | Notice of Appeal, etc. who should sign | 5. | Application for extension of time (Criminal Form 7) | 6. | Notice of Application for leave to appeal (Criminal Form 6) |
7. | Forwarding Proceedings of court below to Registrar | 8. | Fees | 9. | Record in criminal appeals from below in original jurisdiction |
10. | Record in criminal appeals from the court below in its appellate jurisdiction | 11. | Report of the judge of the court of trial | 12. | Furnishing judge of court of trial with materials for report. |
13. | Bail | 14. | Fines | 15. | Varying order of restitution of property |
16. | Non-suspension of order of restitution | 17. | Non-issuance of certificate of conviction | 18. | Notice of abandonment of appeal |
19. | Withdrawal of Notice of abandonment (Criminal Forms 13 & 13A) | 20. | Attendance of witness before the Court | 21. | Proceeding on reference |
22. | Notification of final determination of appeal (Criminal Forms 18, 19, 20 or 21) | 23. | Notification of results of appeal to court below. | 24. | Return of original deposition etc. |
25. | Enforcement of orders | 26. | Service of Record of Appeal to the Supreme Court | 27. | Certification of service and transmission of record to the Supreme Court. |
Order 18 – Briefs of Argument
1. | Application | 2. | Filing of appellant’s brief | 3. | Forms and contents of a brief |
4. | Filing of respondent’s brief | 5. | Filing of reply briefs | 6. | Joint and several briefs |
7. | Cross appeal or respondent’s notice | 8. | Number and service of documents | 9. | Oral arguments |
10. | Consequences of failure to file briefs | 11. | Power of Court to accelerate hearing in exceptional circumstances. |
Order 19 – Judgment
1. | Delivery of Judgment | 2. | Notice of counsel of reserve judgment | 3. | Enrolment of judgment |
4. | Review of judgment | 5. | Enforcement of judgment | 6. | Execution of judgment by court |
7. | Costs | 8. | Notification of judgment | 9. | Final disposal of exhibits, documents, etc. |
10. | Interlocutory judgments not to prejudice appeal | 11. | Power of Court to give any judgment and make order |
Order 20 – Miscellaneous
1. | Records of Appeal from Customary Court of Appeal or Sharia Court of Appeal. | 2. | Departure from Rules | 3. | Waiver of non-compliance |
4. | List of Law Reports, Textbooks, etc | 5. | Application to strike out, etc | 6. | Rules of Court Advisory |
7. | Practice Direction. |
In exercise of the powers conferred on me by Section 248 of the Constitution of the Federal Republic Nigeria, 1999, and by virtue of all powers enabling me in that behalf, I, Isa Ayo Salami (OFR) President, Court of Appeal, hereby make the following Rules.
Part 1
Order 1 – General
“The Act” means the Court of Appeal Act;
“ADR” means Alternative Dispute Resolution
“Appeal” means the filing of notice of appeal.
“Appellant” means any person who appeals from a decision of the court below and includes a legal practitioner representing such a person in that behalf;
“Cause” includes any action, suit or other proceedings between an appellant and a respondent or any applicant and a respondent in any criminal proceedings;
“Chief Registrar” means the Chief Registrar of the Court;
“CAMP” means the Court of Appeal Mediation Programme
“The Committee” means the Rules of Court Advisory Committee established under these Rules;
‘”The Constitution” means the Constitution of the Federal Republic of Nigeria;
‘”The Court” means the Court of Appeal;
“Court below” Or “lower court” means any court or tribunal from which appeal is brought;
“High Court” means the Federal High Court, the High Court of the Federal Capital Territory, Abuja or any High Court established for a State under the Constitution;
“Justice” means justice of the Court of Appeal including the President;
“Legal representative” means a person admitted to practice in the Supreme Court who has been retained by or assigned to a party to represent him in the proceedings before the Court;
“Non-Contentious motion” means a motion against which the respondent has filed a notice of intention not to contest.
“President” means the President of the Court
“Presiding Justice” means any Justice of the Court duly designated by the President to take charge of a Judicial Division of the Court;
“Record” means the aggregate of papers relating to an appeal including the pleadings, proceedings, evidence and judgments proper to be laid before the Court on the hearing of the appeal;
“Registrar” means the Chief Registrar, Deputy Registrar, Assistant Chief Registrar, Senior Registrar, or Registrar of the Court, or any other officer of the Court by whatever title called exercising functions analogous to those of a Registrar of the Court.
“Respondent” in a civil appeal means, any party (other than the appellant) directly affected by the appeal ; and in a criminal appeal means the person who undertakes the defence of the judgment appealed against ;
“Rules” means these Rules or any amendment thereto or any other additional Rules made under the Constitution of the Federal Republic of Nigeria, and include the Fees and Forms as contained in the Schedules to these Rules;
“Supreme Court” means the Supreme Court of Nigeria.
Order 2
Service
(b) Except as may be otherwise provided in these rules or in any other written law, it shall not be mandatory for notices, orders, summonses, warrants or other processes of the Court to be served personally.
(a) left at that address, or
(b) Sent be registered post to that address and in which case if the date of service by post is material, Section 26 of the Interpretation Act 2004 shall apply
(c) Transmitted by electronic means to the electronic mail address or facsimile number or telephone number or any other mode of electronic communication.
(a) Every application for an order for leave to serve a notice of appeal or, other document on a person out of the jurisdiction shall be supported by evidence, by affidavit or otherwise showing in what place or country such a person is or, probably may be found, and the grounds upon which the application is made.
(b) Any order giving leave to effect service out of the jurisdiction shall prescribe the mode of service, and shall limit a time within which such party may acknowledge such a service, such a time to depend on the place or country where or within which the notice or document is to be served, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.
Order 3
Registrars, Registries and Sessions
(a) a Criminal Appeal Book ;
(b) a Civil Appeal Book ; each of which shall contain an index in alphabetical order.
(2) The following particulars shall be entered in the Criminal Appeal Book and the Civil Appeal Book—
(a) the number of the appeal or application ;
(b) the names of the appellant or applicant and the respondent ;
(c) the court from which the appeal is brought ;
(d) the date and place of hearing of the appeal ;
(e) the names of counsel ;
(f) the subject matter of the appeal or application ;
(g) the judgment of the Court ;
(h) any subsequent proceedings and remarks.
(2) Except when otherwise expressly provided, all documents and proceedings shall be tiled in the appropriate Registry, provided that whilst the Court is sitting in any Judicial Division or other place of session any documents or proceedings in connection with a matter to be dealt with at such branch or other place of session may be filed with the Registrar of the Court at such a place.
(3) A document may be filed in the appropriate Registry of the Court or such other place of session either by being delivered there by the party or his legal representative or agent in person or by being sent there by registered post.
Provided that the Court may in its discretion hear any appeal and deal with any other matter whether or not the same has been advertised.
Order 4
Powers of the Court
In relation to a reference made to an official or special referee, anything, which can be required or authorised to be done by, to, or before the High Court, shall be done by, to, or before the Court.
Provided that where the Attorney-General of the Federation or of a State or the Director of Public Prosecutions of the Federation or of a State makes a written request in that behalf, documents so impounded shall be delivered into his custody.
(2) The Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court some substantial wrong or miscarriage of justice has been thereby occasioned.
(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court that any such wrong or miscarriage of justice as is mentioned in paragraph (2) of this Rule affects part only of the matter in controversy or one or some only of the parties, the Court may order a new trial as to the party only, or as to that party or those parties only, and give final judgment as to the remainder.
(4) In any case where the Court has power to order a new trial on the ground that damages awarded by the court below are excessive or inadequate, the Court may in lieu of ordering a new trial—
(a) substitute for the sum awarded by the court below such sum as appears to the court to be proper ;
(b) reduce or increase the sum awarded by the court below by such amount as appears in the Court to be proper in respect of any distinct head of damages erroneously included or excluded from the sum so awarded.
But except as aforesaid, the Court shall not have power to reduce or increase the damages awarded by the court below.
(5) A new trial shall not be ordered by reason of the ruling of any judge of the court below that a document is sufficiently stamped or does not require to be stamped.
Order 5
References as to Constitution and reserved point of Law
(b) Where a question is referred or reserved by the lower court, the question shall be signed by all or by a majority of the judges of the lower court referring or reserving the question.
(b) It shall state such of the findings of fact as are necessary to explain the question on which the decision of the Court is sought but except where in a criminal matter, the question is whether there is any evidence to support any decision, or whether the evidence for the prosecution disclosed a case for the defendant to answer, it shall not contain a statement of the evidence.
(c) It shall also state the contentions of the parties, the opinion or decision (if any) of the court stating the case and the questions of law for the determination of the Court.
(d) In cases to which Section 243A of the Criminal Procedure Act (or similar provision in any State law) applies, the case shall state whether the hearing has been adjourned or the verdict has been postponed or sentence has been passed and whether the person accused or convicted has been committed to prison or, admitted to bail.
(a) the parties to the proceedings in which the question of law arose;
(b) in any case stated involving a substantial question of law as to the validity of any law enacted by the National Assembly, the Attorney-General of the Federation; and
(c) where the case involves the validity or constitutionality of a law within the competence of a State, the Attorney-General of the particular State where the law is or purport to be in force.
(2) The following persons may by leave of the Court, appear in person or by a legal practitioner at the hearing of any case stated on the reference to the Court of any question as to the interpretation of the Constitution or any section of the Constitution pertaining to a State as the case may be
(a) where he is not entitled to appear as of right under paragraph (1)(b) this rule, the Attorney-General of the Federation ; and
(b) the Attorney-General of the State.
(3) The Registrar shall forward to the Attorney General of the Federation or of a State, as the case may be, a copy of any case stated to which this Rule applies. Any other person who is entitled as of right to appear, and any person who may appear by leave of the Court, may obtain a copy of the case stated from the Registrar of the lower court on payment of such fee as may be prescribed.
Part 2
Civil Appeals
Order 6
Notice and Grounds of Civil Appeals
(2) Where a ground of appeal alleges misdirection or error in law, the particulars and the nature of the misdirection or error shall be clearly stated.
(3) The notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.
Provided that the Court shall not if it allows the appeal, rest its decision on any ground not set forth by the appellant unless the respondent has had sufficient opportunity of contesting the case on that ground.
Provided that the Court may, of its own motion, or on the application of any person claiming to be affected, direct notice to be served on all or any parties to the action or other proceeding or upon any person not a party and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and make such orders as might have been made if the persons served with such notice had been originally parties to the appeal.
(2) Such notice may be signed by the respondent or his legal representative.
(3) If any respondent fails or omits to file such notice of address for service it shall not be necessary to serve on him any other proceeding in the appeal or any notice of hearing thereof.
(a) postpone or adjourn hearing of the appeal for such period and on such terms as may be just ; and
(b) give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.
Order 7
Applications to Court
(a) notice of motion for leave to appeal (Form 5);
(b) a certified true copy of the decision of the court below sought to be appealed against ;
(c) a copy of the proposed grounds of appeal ; and
(d) where leave has been refused by the lower court, a copy of the order refusing leave.
(2) Every application for an enlargement of time within which to appeal, shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged a copy of the order granting such enlargement shall be annexed to the notice of appeal.
Order 8
Compilation and Transmission of Records
(a) settle the documents to be included in the record of appeal and,
(b) fix the amount to be deposited by the appellant to cover the estimated cost of making up and forwarding the record of appeal.
(a) the index ;
(b) a statement giving brief particulars of the case and including a schedule of the fees paid;
(c) copies of the documents settled and compiled for inclusion in the record of appeal;
(d) a copy of the notice of appeal and other relevant documents filed in connection with the appeal.
Provided that it shall not be necessary for copies of individual documents to be separately certified but the registrar of the court below shall certify as correct each copy of the record transmitted in accordance with these Rules.
(a) a certificate of service of the notice of appeal ;
(b) twenty copies of the record.
(c) the docket or tile of the case in the court below containing all papers or documents filed by the parties in connection therewith, to the Registrar of the Court.
(2) Where the record is compiled by the appellant under Rule 4 of this order, he shall transmit the record within the time stipulated for compilation and transmission by an appellant under Rule 4. The record shall be transmitted in compliance with Rule 10(1).
(3) The registrar of the court below or the appellant as the case may be shall also cause to be served on all parties mentioned in the notice of appeal, a notice that the record has been forwarded to the Registrar of the Court who shall in due course enter the appeal in the cause list.
Provided that no deposit shall be required where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a State, or by any Government department.
(b) Where the sum deposited in accordance with the preceding paragraph is depleted in the course of the prosecution of the appeal, the registrar shall summon the appellant to replenish the deposit.
(b) Where the Court deems appropriate, it may upon application order deposit against cost to be made by a respondent.
Provided that the Court or Registrar may allow the return of any document to any party pending hearing of the appeal and subject to such conditions as it or he may impose.
Order 9
Respondent’s Notice of Contention
(a) in the case of an appeal against an interlocutory order, within fifteen days; and
(b) in any other case within thirty days, after the service of the notice of appeal on the respondent.
Order 10
Notice of Preliminary Objection
Order 11
Withdrawal of Appeal
Order 12
Fees
Provided that when any person is ordered to pay the costs of the Government of the Federal Republic of Nigeria or of a state or of any Government Department in any case all fees which would have been payable but for the provisions of this paragraph shall be taken as having been paid and shall be recoverable from such person.
Provided that if such party succeeds in any appeal which results in an order for payment to him of any costs the Court may order that such fees shall be a first charge on any moneys recovered or to be recovered under such order.
Order 13
Proceedings by Persons with Means
(2) Where a person without means is not awarded costs in the proceedings, no fees shall be taken from him by a legal representative assigned to him.
(3) Where a person without means is awarded costs against his opponent, he shall be entitled to include and receive in such costs the fees of any legal representative assigned to him and all other fees and costs remitted by his admission to proceed as a person without means.
Order 14
Service of Record of Appeal to the Supreme Court
(2) In addition to the requirements of order 7 Rule 4 of the Supreme Court Rules, 1985, the Registrar shall as soon as the record and notice of compilation of the record of Appeal to the Supreme Court have been served on the appellant and the respondent, as the case may be, transmit to the Supreme Court
(a) a certificate that a copy of the Record of Appeal to the Supreme Court has been served on the appellant(s); and
(b) a certificate that notice of compilation of the Record of Appeal to the Supreme Court has been given to the respondent. (Form 14B)
Order 15
Death of Party to an Appeal
Order 16
Court of Appeal Mediation Programme
(2) The request for Alternative Dispute resolution shall be made in Form 15 in the first schedule to these Rules
(a) be at liberty at any time during the course of the hearing of an appeal to explore mediation or any other Alternative Dispute Resolution mechanism as considered appropriate in the circumstances towards the resolution of their dispute
(b) take joint responsibility for all administrative including mediation or arbitration fees associated with the resolution of the dispute: Provided always that such fees shall be equally shared between the parties unless otherwise agreed by the parties or directed by the Court
(c) co-operate and give due regard to the Court of Appeal Mediation Programme at all times
Part III
Order 17
Criminal Appeal
(2) A, person sending any notice or notices under this Rule shall answer the questions and comply with the requirements set forth therein.
(3) The Court may of its own motion or on the application of the appellant amend the notice or grounds of appeal and may grant leave to the appellant to argue additional or amended grounds of appeal ;
Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the respondent is necessary but had not been given the Court may adjourn the appeal or make such order as it may deem fit in the circumstance.
(2) Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by his legal representative. All notices required or authorised to be given shall be addressed to the Registrar of the court below to be forwarded by him to the Registrar;
Provided that, notwithstanding that the provisions of Rules 3 (1) and (2) and 4(1) of this order have not been strictly complied with, the Court may, in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the lower court.
(3) Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post addressed to the person to whom such notice or other document is so required or authorised to be given or sent.
(4) Where an appellant or any other person authorised or required to give or send any notice of appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be, deemed to be duly signed by such appellant.
(5) Where on the trial of a person entitled to appeal it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable of making his defence, any notice required to be given and signed by the appellant himself may be given and signed by his legal representative.
(6) In the case of a body corporate where any notice or other document is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice or other document assigned by the secretary, clerk, manager, or legal representative, of such body corporate.
(7) An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the court below.
(2) Where an application for leave to appeal has been made to the court below, the Registrar of that court shall send to the Registrar of the Court notification of the result of the application in form 6 in the Second Schedule to these Rules together with the original of the application for leave to appeal and the case shall thereafter be dealt with by the Court.
(a) the Registrar of the court below has received a notice of appeal or a notice of application to the court for leave to appeal or for extension of the time within which such notice shall be given; or
(b) the court below has granted leave to appeal, the register of the court below shall prepare the record of appeal in the manner hereinafter prescribed and forward to the Registrar either seven copies thereof together with, where stencils were used for the production of the record, copies of such stencils duly and carefully preserved, or twenty copies of the record. He shall also forward the original exhibits in the case as far as practicable and any original depositions, information, inquisition, plea, or other documents usually kept by him, or forming part of the record of the court below together with the originals of any recognisances entered into or any other documents filed in connection with the appeal or application.
(2) Subject to the provisions of Rule 9 of this Order, the Registrar of the court below shall forward to the appellant and to the Director of Public Prosecutions of the State from which the appeal emanated a copy of the record.
Provided that if the appellant is not in custody a copy of the record shall only be supplied to him on request.
(3) The court may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it may impose.
(2) The court or the court below may waive in whole or in part the payment of any fees or the making of any deposit.
(3) Fees shall not be payable in appeals in capital cases or where an appellant is granted legal aid.
(a) the index;
(b) the charge or information;
(c) the judge’s notes of evidence and minutes of the proceedings provided that if shorthand note of the hearing has been taken, a copy of the transcript therefore may be included, either in addition to or in substitution of the judge’s notes as he may direct;
(d) the judgement or any additional ground or explanation thereof;
(e) the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(f) all documentary exhibits put in at the trial including depositions read in consequence of the absence of a witness;
Provided that in the cases of books of accounts or other documents of great length, extracts of the relevant portions thereof only shall be included;
(g) the notice of appeal or notice of application for leave to appeal, or notice of application for extension of time in which such notice shall be given.
(2) It shall not be necessary for the Record of Appeal to contain copies of any recognisances entered into or documents filed in connection with the appeal other than those set out in paragraph (1) of this rule unless the court or a judge of the court below –shall otherwise direct.
(a) the index which shall include the particulars of the record of proceeding from the lower court ;
(b) the record of proceedings from the lower court as submitted to the con below :
(c) the notice of appeal and all other relevant documents filed in connection with the appeal in the court below ;
(d) the notes of the judges on the bearing of the appeal and minutes of the proceedings
(e) the judgment of the court below ;
(f) the notice of appeal to the Court or notice of application for leave to appeal to the court, or notice of application to the court for extension of time in which such notice shall be given ;
(g) where leave to appeal has been granted by the court below, a copy of the order granting leave.
(2) It shall not be necessary for the Record of Appeal to contain copies of any recognisances entered into for the purposes of the appeal in the court below or to the appeal or application to the court, unless the court or a judge of the court below shall otherwise direct.
(3) In this Rule “lower court includes the court of trial and any court, other than the court below which may have heard the matter on appeal.
(2) The report of the judge shall be made to the Court and the Registrar shall on request, furnish a copy thereof to the appellant and respondent.
(2) In the event of the court below not making any special order or giving any special directions under this Rule, the recognisances of the appellant and of his surety (or sureties) (if any) may be taken before the Registrar.
(3) The recognisances provided for in this Rule shall be in Forms 8 and 9 in this Second Schedule to these Rules.
(4) The Registrar of the court below shall forward the recognisances of the appellant and his surety or sureties to the Registrar.
(5) An appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and at the final determination thereof. The Court may in the event of such appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same and may issue a warrant for the apprehension of the appellant in-Form 10 in the Second Schedule :
Provided that the Court may consider the appeal in his absence, or make such other order as it thinks fit.
(6) When an appellant is present before the Court, the Court may, on an application, made by any person or, if it thinks right so to do without any application, make an order admitting the appellant to bail, or revoke or vary any such order previously made, or enlarge from time to time, the recognisances of the appellant or of his sureties or substitute any other surety for surety previously bound as it thinks right.
(7) At any time after an appellant has been on bail, the Court or where the appellant was released on bail by the court below that court may, if satisfied that it is in the interest of justice so to do, revoke the order admitting to bail, and issue a warrant in Form 10 in the Second Schedule of these Rules.
(2) An appellant who has been sentences to payment of a fine, and has paid the same or part thereof in accordance with sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the court, to the return of the sum or any part thereof so paid by him.
(2) Upon receipt of a notice of abandonment duly completed and signed or marked by the appellant or the party authorised to sign notice under Rule 4 of this. Order, the Registrar shall give notices thereof in Form 12 in the Second Schedule to the respondent, the prison authority and the Registrar of the court below, and in the case of an appeal against a conviction involving a sentence of death, shall in like manner give notice to the Permanent Secretary to the appropriate Federal or State Ministry, for the information of the authority responsible for advising the President of the Federal Republic of Nigeria or the Governor of a State (as the case may be) on the exercise of the prerogative of mercy, and the Registrar shall also return to the Registrar of the court below any original documents and exhibits received from him.
(2) Such order may be made on the application at any time of the appellant or respondent, but if the appellant is in custody and not legally represented the application shall be made by him in Form 15 in the Second Schedule.
(3) Where the court orders the examination of any witness to be conducted otherwise than before the court itself, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.
(4) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested to do so. Such document exhibits and other material shall after examination has been concluded be returned by the examiner, together with any deposition taken by him under this Rule to the Registrar.
(5) When the examiner has appointed the day and time for the examination he shall request the registrar to give notice thereof to the appellant and respondent and their legal representatives, if any, and when the appellant is in prison, to the prison authority. The Registrar shall cause to be served on every witness to be examined a notice in Form 16 in the Second Schedule.
(6) Every witness examined before an examiner under this. Rule shall give his evidence upon oath or affirmation to be administered by such examiner, except where any such witness if giving evidence as a witness at a trial on information need not be sworn.
(7) The examination of every such witness shall be taken in the form of a deposition and unless otherwise ordered shall be taken in private. The caption in Form 17 in the School Schedule shall be attached to any such deposition.
(8) Where any witness shall receive an order or notice to attend before the Court or an examiner, the Registrar may, if it appears to him necessary so to do pay to such witness a reasonable sum for his expenses.
(9) The appellant and respondent, or their legal representatives, shall, unless the Court otherwise directs, be entitled to be present at and take part in any examination of any witness to which this Rule relates.
(2) In any case of an appeal in relation to a conviction involving sentence death, the Registrar shall on receiving notice of appeal, send copies thereof to the Permanent Secretary to the appropriate Federal or State Ministry, for the informal of the authority responsible for advising the President or the Governor of a State (as the case may be) on the exercise of the prerogative of mercy, to the respondent and to the prison authority.
(2) The Registrar of the Court below shall on receiving notification refer to in this Rule; enter the particulars thereof on the records of such Court.
(2) The record of Appeal may be served upon the appellant in any manner prescribed by these Rules for the service of notice or other documents relating to an appeal.
(3) The registrar shall thereafter cause to be served upon every respondent in the appeal who has filed an address for service a notice that the record has been compiled.
(2) In addition to the requirements of Order 7, Rule 4 of the Supreme Court Rules, the Registrar shall as soon as the record and notice of compilation of the record for appeal to the Supreme Court have been served on the appellant and the respondent, as the case may be, transmit to the Supreme Court :
(a) a certificate that a copy of the record for appeal to the Supreme Court has been served on the appellant(s) ;
(b) a certificate that notice of compilation of the record of appeal to the Supreme Court has been given to the respondent(s).
Part 4
Order 18
Briefs of Argument
(2) Where possible or necessary, the reasons in the brief shall also be supported by particulars of the titles, dates and pages of cases reported in the Law Reports or elsewhere including the summary of the decisions in such cases, which the parties propose to rely upon. Where it is necessary, reference shall also be made to relevant statutory instruments, law books, and other legal journals.
(3) the parties shall assume that briefs will be read and considered in conjunction with the documents admitted in evidence as exhibits during the proceedings in the court below, and. wherever necessary, reference shall also be made to all relevant documents or exhibits on which they propose to rely in argument.
(4) All briefs shall be concluded with a numbered summary of the points to be raised and the reasons upon which the argument is founded.
(5) Except to such extent as may be necessary to the development of the argument, briefs need not set out or summarise judgments of the lower court, not set out statutory provisions, nor contain an account of the proceedings below or of the facts of the case.
(2) The respondent’s brief shall answer all material points of substance contained in the appellant’s brief and contain all points raised therein which the respondent wishes to concede as well as reasons why the appeal ought to be dismissed. It shall mutatis mutandis; also conform to Rule 3 (1), (2), (3), (4) and (5) of this Order.
(2) The appellant shall be entitled to open and conclude the argument. Where there is a cross-appeal or a respondent’s notice, the appeal and such cross-appeal or respondent’s notice shall be argued together with the appeal as one case and within the time allotted for one case, and the Court may, having regard to the nature of the appeal, inform the parties which one is to open and close the argument.
(3) Unless otherwise directed, forty minutes on each side will be allowed for argument.
(4) When an appeal is called and the parties have been duly served with the notice of hearing, but if any party or any legal practitioner appearing for him does not appear to present oral argument even though briefs have been filed by all the parties concerned in the appeal, the appeal will be treated as having been duly argued.
Order 19
Judgment
(2) A sealed or certified copy of the order shall be sent by the Registrar to the court below.
(3) Interlocutory order shall be prepared in like manner.
(2) The Registrar of the court below shall on receiving the notification refer to in this Rule; enter the particulars thereof on the records of such court.
(2) The powers continued in paragraph (1) of this Rule 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.
Order 20
Miscellaneous
(2) Twenty certified true copies in English and three only in the other language shall be forwarded to the Court.
(2) Where there is such waiver of compliance with the Rules, the Court may in such manner as it thinks right, direct the appellant or the respondent as the case may be, to remedy such non-compliance or may, notwithstanding, order the appeal to proceed or give such directions as it considers necessary in the circumstance.
(3) The Registrar shall forthwith notify the appellant or the respondent as the case may be of such order or directions given by the Court under this Rule where appellant or the respondent was not present at the time when such order was made or directions were given.
(2) An application under this Rule may be made by motion on notice and or the grounds of objection must be stated therein.
(a) Five Justices of the Court one of whom shall be the Chairman; and
(b) Not less than three member of the Bar to be appointed by the President.
(2) It shall be the duty of the Committee to advise the President from time to time in the exercise of the powers conferred upon him by the Constitution or by or any law, to make Rules for regulation or making provision with respect to practice and procedure in the Court.
(3) Every member of the Committee shall remain a member thereof for such period as the President may in his discretion prescribe, either at the time of the appointment of the member or at any time thereafter.
Schedules
First Schedule
Form 1
In The Court of Appeal
Reference as to Constitution
Order 5 Rule 1
Between
…………………………………………………………………………… Plaintiff
and
……………………………………………………………………………. Defendant
This is an action1…………………………………………………………………………………
The plaintiff alleged2……………………………………………………………………………..
The defendant answered3………………………………………………………………………….
The plaintiff replied4……………………………………………………………………………..
After hearing the parties and the evidence adduced on each side the court found that the following matters were established as facts:
Firstthat5 …………………………………………….…………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………
The following question as to the interpretation of the Constitution arose in these proceedings, namely6…………………………………………………………………………………………………………………….
The above stated question of law is referred for the decision of the Court of Appeal.
Dated at …………………………. this …………………….. day of ………………… 20 ………
………………………………
Judge
Form 2
In The Court of Appeal
Reserved point of Law
Order 5 Rule 1
Between
……………………………………………………………………………… Plaintiff
and
…………………………………………………………………………….. Defendant
This is an action1…………………………………………………………………….
The plaintiff alleged2…………………………………………………………………
The defendant answered3…………………………………………………………..
The plaintiff replied4……………………………………………………………………………..
……………………………………………………………………………………..
After hearing the parties and the evidence adduced on each side the court found that the following matters were established as facts:
First that5…………………………………………………………………………………………………………………..
…………………………………………………………………………………………………
…………………………………………………………………………………………………..
…………………………………………………………………………………………………..
The following questions are reserved for the decision of the Court of Appeal:
First whether6 ………………………………………………………………………………………………………………..
…………………………………………………………………………………………………….
……………………………………………………………………………………………………..
……………………………………………………………………………………………………..
……………………………………………………………………………………………………..
………………………………………………………………………………………………………
Dated at…………………….this……………………..day of…………………20…………
……………………….
Judge
Form 3
In the Court of Appeal
Notice of Appeal
Order 6 Rule 2
Between
………………………………………………………………………………… Plaintiff
And
……………………………………………………………………………….. Defendant
Take notice that the plaintiff/defendant being dissatisfied with the decision/ that part of the decision more particularly stated in paragraph 2* of the ……………………………………………………..court contained in the judgment/order
of ………………………………………….dated the……………………………………….day
of……………………………………………..20……………………..doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the relief set out in paragraph 4.
And the Appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.
Particulars of Trial and Conviction
You are required to answer the following question —
Do you desire to be present on the hearing of your appeal by the Court?
If you do so desire, state the reasons upon which you submit the said Court should give you leave to be present.
N.B: The Court will, if you desire, consider your case and argument if put into writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing, submit as full as you think right your case and argument in support of your appeal.
Note: This form should only be used where there is a right of appeal without leave, that is to say, in an appeal from a conviction for murder by the High Court or in any other appeal in which an appeal as of right lies by virtue of the Constitution or an express provision of law.
Criminal Form 2
In The Court of Appeal
Notice of Application from Decision of a
Court Sitting as a Court of First Instance
Order 17 Rule 3
The State
Vs
……………………………………………………………………………………………….
To the Registrar of the………………………………………………………………………………..
I………………………………………………………..having been …………………………… convicted of the offence of1 ………………………………………………………………and now being a prisoner in prison at…………………………………….or whose address
for service is2………………………………………………………………………………………. and being desirous of appealing against my conviction/sentence3, do hereby given Notice that I hereby apply for leave to appeal on the following grounds —
…………………………………..
Signature or mark of Appellant
Signature and address of ………………………………….
witness attesting mark …………………………………….
Dated this………………………………..day of……………………………….20……………..
Particulars of Trial and Conviction
(1) If your desire to be present when the court considers your present application for leave to appeal, state—
(a) Whether or not you are legally represented, and
(b) the grounds on which you submit that the court should give you leave to be present thereat
………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
(2) The court will, if you desire it, consider your case and argument if put in writing by you or on our behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal. State if you desire to be present at the final hearing of your appeal……………………………………….
Note: The forms suitably adapted, may also be used where the application for leave to appeal is made to the High Court.
Criminal Form 3
In The Court of Appeal
Notice of Appeal from Decision of a
Court in its Appellate Jurisdiction
Order 17 Rule 3
……………………………………………………………………………………………………………………………
To the Registrar of the………………………………………………………………………………………………………………..
I……………………………………………………………………….having been convicted of the offence of …………………………………………………. now being a prisoner in prison at…………………………………………………………………….or whose address for service is2……………………………………………….do hereby give Notice of appeal against the decision of the High Court of ……………………………… on the following grounds3 …………………………………………………………………………….
Signature or mark of Applicant Signature and address of………………………………………………………..
Witness attesting mark……………………………………………………………
Dated this…………………………..day of……………………….20…………..
Signature and address of Witness attesting mark……………………………………………………………
Particulars of Trial and Conviction
(1) If you desire to be present when the court considers your application for leave to appeal, state —
(a) Whether or not you are legally represented, and
(b) the grounds on which you submit that the Court should give you leave to be present thereat………………………………………..
(2) The Court will, if you desire it, consider your case and argument if put in writing by your or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal.
State if you desire to be present at the final hearing of your appeal.
Note: the form, suitably adapted may also be used where the application for leave to appeal is made to the High court.
Criminal Form 4
In The Court of Appeal
Notice of Application for Leave from Decision of a Court in its Appellate Jurisdiction
Order 17 Rule 3
……………………………………………………………………………………………………………………
To the Registrar of the…………………………………………………………………………………………………………………………..
I…………………………………………………………………………………………….having been convicted of the offence of’……………………………………………………and now being a prisoner in prison at…………………………………………(or whose address
for service is2……………………………………………………………………………………) do hereby give Notice that I apply for leave to appeal against the decision of the High Court on the following grounds—
………………………………………………
Signature or mark of Applicant
Signature and address of ……………………………….
Witness attesting mark……………………………………
Dated this…………………………………..day of…………………………………..20……..
Particulars of Trial and Conviction
(1) If you desire to be present when the court considers your application for leave to appeal, state —
(a) Whether or not you are legally represented, and (b) the grounds on which you submit that the Court should give you leave to be present thereat………………………………………..
(2) The court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal.
State if you desire to be present at the final hearing of your appeal.
Note: The form, suitably adapted may also be used when the application for leave to appeal is made to the High Court.
Criminal Form 5
In The Court of Appeal
Notice of Appeal (Or Application for Leave to Appeal) By Prosecutor
Order 17 Rule 3
To the Registrar of the…………………………………………………………………………………………………………………………..
I…………………………………………………………………………………………….the prosecutor in the above case and being desirous of appealing against the decision under section*
……………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………..
Do hereby give notice of appeal (or application for leave to appeal) on the following grounds: —
………………………………………..
Prosecutor
Dated this………………………………..day of……………………………….20…………..
Refer to the provision of law giving to the prosecutor a right of appeal or the right to apply for leave.
Particulars of trial and conviction
(1) If you desire to be present when the court considers your application for leave to appeal, state —
(a) Whether or not you are legally represented, and
(b) the grounds on which you submit that the Court should give you leave to be present thereat
……………………………………………………………………………………………….
……………………………………………………………………………………………….
……………………………………………………………………………………………….
(2) The court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal. State if you desire to be present at the final hearing of your appeal.
……………………………………………………………………………………………….
Note: This form suitably adapted, may also be used where the application for leave to appeal is made to the High court.
Criminal Form 6
In The Court of Appeal
Notification by registrar of high court of Result of
Application for leave to Appeal.
Order 17 Rule 6
The State
Vs
……………………………………………………………………………………………………………………………………………..to the
To the Registrar of the Court of Appeal
I hereby give you notice that on the………………day of …………..20 …… the High Court of ………………………………………….. at………………………… granted/refused an application for leave to appeal against conviction/sentence in the case of which
particulars are set below.
Dated this……………………………………day of………………………………….20………
Registrar of………………………………………………………………………………………..
Particulars of trial and conviction
Note: The Registrar of the High Court should forward with this notice the application for leave to appeal.
Criminal Form 7
In The Court of Appeal
Notification of Application for Extension of the time within which to Appeal.
Order 17 Rule3
The State
vs
_________________________________________
The Registrar of the ……………………………………………………………………………………………………..
I………………………………………………………………………having been convicted of the offence of… ………………………….in the………………………………………….. Court, held at……………………………………………………..on the………………day of
…………………………. …………………………..20…………………….and being now a prisoner in prison at……………………………………or whose address for service is …………………………………………give you notice that 1 hereby apply to the court for an extension of time within which 1 may give Notice of Appeal (or Notice of Application for leave to appeal) on the grounds’ following:
………………………………………………………………
Signature or mark of Applicant
Signature and address of……………………………………………………………………
Witness attesting mark……………………………………………………………………….
Dated this……………………………..day of……………………………20………….
You are required to send to the Registrar of the Court, duly filled up forms 1, 2, 3, or 4, whichever is appropriate.
Criminal Form 8
In The Court of Appeal
Recognizance of Bail of Appellant
Order 17 Rule 13
The State
Vs
…………………………………………………………………………………………………………………………
Be It Remembered that Whereas ………………………………………………………………………………… was convicted of ………………………………………………………………………………………………………….on the ………………day of ………………….. 20……………. and was thereupon sentenced to………………………………………………and now is in lawful custody in prison at………………………………………………………………… and has duly appealed against his conviction (and sentence) to the Court and has applied for bail pending the determination of his appeal, and has been granted bail on entering into his own recognizance in the sum of
N……………………..(with sureties each in the sum of N……………………………………………………….).
the said…………………………………………………..personally cometh before me the undersigned, being the …………………………………………………………………………..
(State office)
and acknowledges himself to own to the State the sum of N………………………. of good and lawful money, to be made and levied of his goods and chattels, lands and tenements to the use of the State, if he said………………………………………….fails in the condition endorsed.
Taken and Acknowledged this………………..day of………………………………20………
(State office)
Condition
The condition of the within recognizance is such that if the said………………………………………………………………………………….. shall personally appear and surrender himself at and before the court at each and every hearing of his appeal to such court and at the final determination thereof and then the there abide by the judgment of the said court and not depart or be absent from such court at any such hearing without the leave of the said court, and in the meantime not depart from his usual place of abode without the leave of the court, then this Recognizance shall be void, otherwise of full force and effect.
The following to be filled up by the Applicant and signed by him—
When released on bail my address for service, to which any Notices, etc are to be addressed, will be as follows:
Signed………………………….
Appellant
Criminal Form 9
In The Court of Appeal
Of Appellants Sureties
Order 17 Rule 13
The State
Vs
……………………………………………………………………………………………………………………………………
Be it Remembered That on this ………………………..day of…………………20……………
of………………………………………………………………………………………………………………………………and
…………………………………………….. of……………………………………………………………………………….. came before me the undersigned being the………………………………………………………………………..and
(State office)
severally acknowledged themselves to own to President of the Federal Republic of Nigeria the several sums following, that is to say, the said…………………………………………………………. the sum of N………………………………………………………………………and the said
……………………………………….the sum of N…………………………………………….. of good and lawful money, to be made and levied of their goods and chattels, lands and tenement respectively, to the use of President of the Federal Republic of Nigeria, His heirs and successors, if…………………………………………………now in lawful custody in prison at……………………………………………………………………..fail in the condition hereon endorsed.
Taken and acknowledged before me the undersigned, the day and year first above Mentioned.
………………………………………………………………
Magistrate/Registrar
Condition
The condition of the within written Recognizance is such that whereas the said …………………………………having been convicted of……………………………………………………………… and now in such lawful custody as before mentioned (under a sentence of ………………………………….for such offence), has duly appealed to the court against his said conviction (and sentence), and having applied to the said Court for bail, pending the determination of his said appeal, has been granted bail on him entering into recognizance in the sum of N…………………with sureties each in the sum of N……………………………………with sureties each in the sum of N……………………….
if the said………………………………………………………………………shall personally appear and surrender himself at and before the said Court and at the final determination thereof, and then and there abide by the judgment of the said Court, and not depart or be absent from the said Court at any such hearing without the leave of the Court and in the meantime not depart from his usual place of abode without the leave of the Court, then this recognizance shall be void, otherwise of full force and effect.
Criminal Form 10
In The Court of Appeal
Warrant for Arrest of Appellant on Bail
Order 17 Rule 13
The State
vs
………………………………………………………………………………………………………………………………
To the constables of the police force (or court messengers or as the case may be)
And to the ………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………..
(State office)
of the prison at……………………………………………………………………………………………………………………………………………….
Whereas ………………………………………………………………………………………..an Appellant in the Court has been released on bail, and it has now been ordered by the said Court that a warrant be issued for the apprehension of the said…………………………………………..
These are therefore to command you the said Constables or Court Messengers or as the case may be forthwith to apprehend the said………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
(State office)
and you the said…………………………………………………………………………………………………………………………..are hereby
required to receive the said………………………………………….into your custody in the said prison and thereby safely to keep him until further order of the said Court.
………………………………………………….
Presiding Justice
Dated this……………………………………..Day of……………………………….20……….
Criminal Form 11
In The Court of Appeal
Notice of Abandonment of Appeal
Order 17 Rule 18
The State
vs
………………………………………………………………………………………………………………………………
I, ………………………………………………………………………………………………………………………………………………………………..
having been convicted of……………………………………………………………………………………………………………………….in the
…………………………………………………………………..court at………………………………………………………………………………
and having been desirous of appealing to the court against my said conviction (or the sentence) of ………………………………………………………………………………………………………………………………………………. passed upon
me on my said conviction) do hereby give you notice that I do not intend further to prosecute my appeal, and that I hereby abandon all further proceedings in regard thereto as from the date hereof.
……………………………………
Signature or mark of Appellant
Signature and address of……………………………………
witness attesting mark………………………………………
Dated this……………………………………..day of……………………………….20……………
To The Registrar of the Court of Appeal.
Criminal Form 11A
In The Court of Appeal
Notice of Abandonment of Appeal by Prosecutor
Order 17 Rule 18
The State
vs
………………………………………………………………………………………………………………………………
acquittal and-or discharge of……………………………………………………………………….on the……………………………………………………day of…………………………………………………20………………………………….in charge No……………………………………………and
having been desirous of appealing to the Court against the said acquittal and/or discharge do hereby give Notice that the State/I do not intend further to prosecute the appeal, and hereby abandon(s) all further proceedings in regard thereto as from the date hereof.
……………………………………………
Signature or Designation of Appellant
Signature and address of………………………………………..
witness attesting mark…………………………………………….
Dated this……………………………………..day of……………………………….20………….
Criminal Form 12
In The Court of Appeal
Notice of Abandonment of Appeal
Order 17 Rule 18
The State
vs
………………………………………………………………………………………………………………………………
To the director of public prosecution of*………………………………………………………………………………………
To……………………………………………………………………………………………………………………………………………………….
This is to give you notice that I have this day received from the above named ……………………………………………………………………………………………….. a notice of abandonment of all proceedings in regard to his appeal to the Court. The said notice is dated………………………….day of…………………………..20…………..
By Order 16 Rule 18 of the Court of Appeal Rules, upon the notice of abandonment being given the appeal shall be deemed to have been dismissed by the Court.
Dated this………………………………………..day of……………………………20………..
……………………………………..
Registrar of the Court
*Send copies addressed to:—
(a) The Director General to the appropriate Ministry (if a capital case).
(b) The Director of Public Prosecutions or other respondent
(c) The Prison Authority, and
(d) The Registrar of the court below.
Criminal Form 13
In The Court of Appeal
Notice of Application for Leave to Withdraw an Abandonment of Appeal
Order 17 Rule 19
(By Defendant Appellant)
To the registrar, court of appeal
I………………………………………………………………………………………………………………….. having been convicted of the offence of …………………………………………………………………………..and now being a prisoner in prison at……………………………………….(or whose address for service is…………………………………………..and having duly sent a notice that I desire to appeal to the Court of Appeal and having abandoned my appeal:
Given you notice that I hereby apply to the Court of Appeal for leave to withdraw my Notice of Abandonment, in the special circumstances following2:—
Signature or mark of Appellant Signature and address of……………………………………..
witness attesting mark………………………………………………………………………………………
Dated this……………………………………..day of……………………………….20………..
Note: Form 7 must be filled up and sent with this Notice to the registrar.
Criminal Form 13A
In The Court of Appeal
Notice of Application for Leave to Withdraw an Abandonment of Appeal
Order 17 Rule 19
(By Appellant Prosecutor)
To the registrar, court of appeal
The State
Vs
……………………………………………………………………………………………………………..
I………………………………………………………………………………………………………………………………………………..being the
Appellant/ Prosecutor and having appealed against the acquittal and/ or discharge by the …………………………….Court on the………………………………………….of……………… ……………………..20…………in Charge No…………………………………………………….
and having duly sent a Notice that the State/I desire to appeal to the Court of Appeal and having abandoned my appeal.
Give you Notice that the State/I hereby apply to the Court of Appeal for leave to withdraw their/my Notice of Abandonment, in the special circumstances following:
……………………………………………………..
Signature of Appellant and Designation of Prosecutor
Signature and address of…………………………………………………………..
witness attesting mark………………………………………………………………
Dated this……………………………………..day of……………………………….20………
Note: Form 7 must be filled up and sent with this Notice to the Registrar.
Criminal Form 14
In The Court of Appeal
Order to witness to attend Court for Examination
Order 17 Rule 20
The State
Vs
……………………………………………………………………………………………………………..
To……………………………………………………………………………………………………………………………………………..
(Name of witness)
of………………………………………………………………………………………………………………………………………………
(Address)
Whereas on good cause shown to the Court you have been ordered to attend and be examined as a witness before such Court upon the appeal of the above mentioned.
This is to give you notice to attend before the said Court at………………………………………… on ……………………………………. the ………………..day of………………………..20……………..at……………………………..o’clock in the…………………..Noon.
You are also required to have with you at the said time and place any books, papers or other things relating to the said appeal which you may have had notices so as to produce.
………………………………..
Registrar of the Court
Dated this……………………………………..day of……………………………….20……..
Criminal Form 15
In The Court of Appeal
Appellants Application for Further Witnesses
Order 17 Rule 20
The State
Vs
……………………………………………………………………………………………………………..
I…………………………………………………………………………………………………………………………having appealed to
The Court, hereby request you to take notice that I desire that the said Court shall order the witnesses hereinafter specified to attend the Court and be examined on my behalf.
……………………………………………
Signature or mark of Appellant
Signature and address of…………………………………….. ….
witness attesting mark ………………………………………………………….
Dated this……………………………………..day of……………………………….20………
You are required to fill up the following and sign the same.
State shortly the evidence you think they can give.
Criminal Form 16
In The Court of Appeal
Notice to Witness to Attend before an Examiner
Order 17 Rule 20
The State
Vs
……………………………………………………………………………………………………………..
To…………………………………………………………………………………………………………………………………………….
(Name of witness)
of……………………………………………………………………………………………………………………………………………….
(Address of witness)
Where as on good cause shown to the Court you have been ordered to be examined as a witness upon the appeal of the above named, and your deposition to be taken for the use of the said Court.
This is to give you notice to attend at…………………………………………………………………………………………..
(Specify place of examination)
on ……………………..the day of……….20………before………….at…………….O’clock in the………………………………………………noon.
You are also required to have with you at the said time and place any books, papers or other things under your control or in your possession in any manner relating to the said appeal of which you may have had notices so to produce.
……………………………………….
Registrar of the Court
Dated this……………………………………..day of……………………………….20……..
Criminal Form 17
In The Court of Appeal
Caption for Deposition of witness examined before Examiner
Order 17 Rule 20
The State
Vs
……………………………………………………………………………………………………………..
The deposition (on oath) taken before me the undersigned, being an examiner duly appointed by the Court in that behalf of……………………………………………………………………………………………………………………………
(Name of witness)
of…………………………………………………………………………………………………………………………….
(Address of witness)
……………………………………………………..witness, examined before me under an order of the said Court
dated………………………of……………..20……………in the presence of the said……………………………………………………….Appellant (or of his professional representative) and the respondent at…………………………..on the …………………..day of …………………………. 20 ……….. which said Appellant (or his professional representative) and Respondent had full opportunity of asking questions of the said witnesses, to whom the depositions following were read by me before being signed by them the said witnesses respectively. The deposition of ………………………. of………………………………………………………..who (upon oath duly administered by me) said as follows:
Dated this……………………………………..day of……………………………….20……………
Criminal Form 18
In The Court of Appeal
Notification to Appellant of Result of Application
Order 17 Rule 22
The State
Vs
……………………………………………………………………………………………………………..
To the Above-Named Appellant
This is to give you notice that the Court has considered the matter of your application for:
(a) leave to appeal to the said Court:
(b) leave to extend the time within which you may give notice of appeal or applications for leave to appeal;
(c) permission to be present during the proceeding in your appeal;
(d) admission to bail;
(e) leave to withdraw abandonment of appeal;
(f) leave to withdraw abandonment of appeal; and has finally determined the same and has this day given judgment to the effect following:—
………………………………………………..
Registrar of the Court
Dated this……………………………………..day of……………………………….20………
Criminal Form 19
In The Court of Appeal
Notice to Authorities of Result of Application
Order 17 Rule 22
The State
Vs
……………………………………………………………………………………………………………..
To the director of public prosecutions of…………………………………………………………………………………………
*To……………………………………………………………………………………………………………………………………………
This is to give you notice that the above-mentioned having applied for: —
(a) leave to appeal to the said Court:;
(b) leave to extend the time within which he may give notice of appeal or applications for leave to appeal;
(c) permission to be present during the proceedings in his appeal;
(d) admission to bail;
(e) leave to withdraw abandonment of appeal;
the Court has this day finally determined his said applications and has given judgment to the effect following:—
…………………………………………………
Registrar of the Court
Dated this……………………………………..day of……………….20………….
* Send copies addressed to:
(a) the Director of Public Prosecutions or other respondent
(b) the Prison Authority and
(c) the Registrar of the court below.
Here set out the decision of the Court.
Criminal Form 20
In The Court of Appeal
Notification to Appellant of the Result of His Appeal
Order 17 Rule 22
The State
Vs
-___________________________________________________________________________
To the Above Named Appellant
This is to give you notice that the Court having considered the matter of your appeal has finally determined the same and has this day given judgment to the effect following:
…………………………………
Registrar of the Court
Dated this……………………………………..day of…………………………20………….
Criminal Form 21
In The Court of Appeal
Notification to Authorities of Result of Appeal
Order 17 Rule 22
The State
Vs
……………………………………………………………………………………………………………..
To the director of public prosecutions of…………………………………………………………………………………………*
To………………………………………………………………………………………………………………………………………………
This is to give you notice that the above named…………………………………………………………………………………
having appealed against his conviction of the offence of……………………………………………………………..before the ………………………………………………….Court and/or the sentence of …………………………………………………………… passed upon him for the offence of……………………………………………by the……………………Court, the Court has finally determined the said appeal, and has this day given judgment therein to the effect following:—
Registrar of the Court Dated this……………………………………..day of…………………………20……………
* Send copies addressed to:
(a) the Director-General to the appropriate Ministry (if a capital case) ;
(b) the appropriate Director of Public Prosecutions or other respondent ;
(c) the Prison Authority ; and
(d) the Registrar of the Court below.
Here set out the decision of the Court.
Criminal Form 22
In The Court of Appeal
Notification to the Registrar that a copy of the Record of Appeal has been served on the Appellant(s)
Order 17 Rule 27
Appeal No…………………………………….
Between……………………………………………………………………………………………………………………………………
and
………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………
I do hereby certify that a copy of the record of the above appeal was on the ……………………………………day of……… …………………………. 20…………… Served upon the appellant/appellants by…………………………………………………………….
Dated this……………………………………..day of…………………………20………….
……………………………………………………
Registrar
Criminal Form 23
In The Court of Appeal
Certificate(s) of the registrar of service
Upon respondent of notification that the record has been compiled
Order 17 Rule 27
Appeal No…………………………………….
I do hereby certify that on…………………….the day of………………..20………………..the Respondent /Respondents in this appeal was/were notified by……………………………. that the record of appeal has been compiled.
Dated this……………………………………..day of…………………………20………….
……………………………………………………
Registrar
Part II
Third Schedule
Fees in Civil and Criminal Matters
Order 12
A—Appellate Jurisdiction
Election Tribunal and Court Practice Directions, 2011
In the exercise of the powers conferred upon me by Section 243and 285 of the Constitution of the Federal Republic of Nigeria 1999; Section 145 of the Electoral Act 2010, I, Hon. Justice Isa Ayo Salami, OFR, President, Court of Appeal, hereby issue the following Practice Directions:-
This Practice direction shall apply and be observed in the Election Tribunals and in the Court of Appeal when sitting as a tribunal or when hearing as appeal from the tribunal.
“The Court” means the Court of Appeal
“The Tribunal” means the Election Tribunal established pursuant to Section 285 (1) 0of the Constitution of the Federal Republic of Nigeria 1999
(b) The document referred to in the preceding paragraph must be prepared in 210mm by 297mm paper (A4) and typed in clear typographic character. The type set shall be in Arial, Times New roman or Verdana of point 12 type with at least single spacing in between.
(c) Every such document which does not comply with the page limit and paper size requirements of this paragraph shall not be accepted by the secretary for filing
(a) pay to the Secretary such fees as may be determined by the Secretary having regard to the bulk of the records of proceedings which he shall compile;
(b) furnish as many copies as there are respondents in addition to twenty (20) extra copies, and
(c) a fee for service on all the respondents.
(b) The Briefs shall be concluded with a numbered summary of the reasons upon which the argument is founded.
(c) Wherever possible, or necessary, the reasons should also be supported by particulars of the titles, dates and pages of cases reported in the Law Reports, or elsewhere including the summary of the decision in such case, which the parties propose to rely upon. If necessary, reference should also be made to relevant statutory instruments, Law books and other legal journals.
(d) The parties shall assume that Briefs will be read, and considered in conjunction with the documents admitted in evidence as exhibits during the proceedings in the Tribunal, and wherever necessary, reference should also be made to all relevant documents or exhibits on which they propose to rely in their argument.
(b) The document referred to in the preceding paragraph must be prepared in 210mm by 297mm paper size (A4) and typed in clear typographic character. The type shall be in Arial, Times New roman or Verdana of point 12 type with at least single spacing in between.
(c) Every such document which does not comply with the page limit and paper size requirements of this paragraph shall not be accepted by the secretary for filing
(b) The appellant shall be entitled to open and conclude the argument. Where there is cross appeal or respondents notice, it shall be argued together with the appeal as one case and within the time allotted for the case, and the Court may having regard to the nature of the appeal, inform the parties which one to open and close the argument.
(c) Unless otherwise directed, 30 minutes on each side will be allowed for argument.
These Practice Directions may be cited as Election Tribunal and Court Practice Directions, 2011
Dated at Abuja this 1st day of April, 2011
Isa Ayo Salami, OFR
President, Court of Appeal
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