APPEAL TO NATIONAL INDUSTRIAL COURT: APPEAL ON CHAPTER IV IS OF RIGHT

INELEGANCE & UNTIDINESS CANNOT RENDER AN APPEAL INCOMPETENT

It is to be seen that it can be said that filing more than a notice of appeal and using more than one could be inelegant, untidy or even confusing, but the law and its practice have had it settled that the inelegance or untidiness are not enough reason for rendering those notices of appeal incompetent or invalid as to do that would be taking technicality too far and not covered by law.

– Peter-Odili, JSC. Tukur v. Uba (2012) – SC.390/2011

WHERE ERROR OF LAW BY TRIAL JUDGE, APPEAL COURT WILL REVERSE THE DECISION

A decision of a lower court on any point will be reversed by the appellate court where error of law committed by the lower court is fatal because it has occasioned a substantial miscarriage of justice.

– Adio, JSC. UBN v. Ozigi (1994)

WHAT DOES “APPEAL” MEANS?

The word “appeal” is simply to make a formal request to somebody in authority “for a decision to be changed” Oxford Learners Dictionary. In an Appeal, the lower Court’s decision is submitted to a higher Court “for review and possible reversal” see Black’s Law Dictionary, 9th Ed.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

AN APPEAL ALLOWED SHOULD NOT BE DISMISSED

The lower court cannot hold simultaneously that the appeal is allowed in part yet proceeded to dismiss the appellant’s claims in its entirety particularly when the part of the appeal allowed has to do with the award of the sum of N70,000.00 share of profit to the appellant. To hold as the lower court did was an obvious error which ought not to be allowed to stand. – Onnoghen JSC. Alade v. Alic (2010)