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BRIEF OF ARGUMENT TO BE FILED AFTER EXPIRATION OF TIME

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Any brief of argument filed by a party out of time and without extension of time sought and obtained is incompetent and will not be taken but struck out at the hearing of an appeal. Where the extension of time granted has also expired, the party will still need another extension of time for revalidation or else the brief will be incompetent and liable to be struck out. See the cases of: (1) Mohammed V. Klargester (Nig.) Ltd. (1996) 1 NWLR (Pt. 422) p.54 at p.61 and (2) Goji V. Ewete (2001) 15 NWLR (Pt. 736) p.373.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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LACK OF RESPONDENT BRIEF DOES NOT PUT THE APPELLANT AT AN ADVANTAGE

Not filing respondents brief in no way puts the appellant at an advantage, since the judgment of the Court of Appeal is a favour of the respondent. The appellant still has to show that the Judgment of the court of Appeal was wrong.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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NOTWITHSTANDING FAILURE OF RESPONDENT TO FILE BRIEF, APPELLANT WILL SUCCEED ON HIS OWN BRIEF

This failure will not affect the determination of the appeal. This is because an appellant will succeed on the strength of his case. He can only succeed or fail on his own brief notwithstanding the absence of the Respondent’s Brief. In a catalogue of decided cases, the Appellant courts have held that the failure of a Respondent to file a reply brief is immaterial. See John Holt Ventures Ltd. v. Oputa (1996) 9 NWLR (Pt. 470) 101 C.A., Onyejekwe v. The Nigeria Police Council (1996) 7 NWLR (Pt.463) 704 C.A., Waziri v. Waziri (1998) 1 NWLR (Pt. 533) 322 C.A. and U.B.A. Plc v. Ajileye (1999) l3 NWLR (Pt. 633) 116 C.A. Confirming the effect of failure of Respondent to file a reply Brief, the Supreme Court in Unity Bank Plc v. Bouari (2008) 7 NWLR (Pt.1086) SC 372 per Ogbuagu J.S.C. held: “It has been held that the failure of a Respondent to file a reply Brief is immaterial. This is because an Appellant will succeed on the strength of his case. But a Respondent will be deemed to have admitted the truth of everything stated in the Appellant’s Brief in so far as such is borne out by the records. In other words, it is not automatic an Appellant must succeed or fail on his own Brief”.

— R.O. Nwodo, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

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LEAVE FOR EXTENSION OF TIME TO FILE AN APPEAL MAY ONLY BE GRANTED UPON APPLICATION BY A PARTY

The periods of time within which to give a notice of appeal against the decision of the Court below to this Court may be extended by the Court at the instance of a person/s who intend/s to appeal to the Court in both civil and criminal cases, in deserving cases. A valid and competent Notice of Appeal can be given or filed after the expiration or outside the periods of time stipulated under the provisions of Section 27 (2) of the Act, when and only if, the periods of the time was extended by the Court, as a condition precedent. Accordingly, the prior permission or leave of the Court, by way of extension of the relevant period of time within which to give the notice of appeal, is necessary and required for the validity and competence of a notice of such an appeal to the Court. Without the prior permission first sought and obtained by an Appellant for extension of time to appeal before giving or filing a Notice of Appeal in the Court, a purported Notice of Appeal given or filed after the expiration or outside the limited period of time, would be fatally and incurably, invalid and incompetent, thereby depriving the Court of the requisite jurisdiction to entertain and adjudicate over the appeal. See Amadi v. INEC (2012) LPELR – 7831 (SC), Awhinashi v. Oteri (1984) 5 SC, 38, Enweliku v. State (1970) 1 Ail NWLR, 57, Peba v. State (1980) 8 – 11 SC, 76.

— M.L. Garba JSC. Kingsley Okoro V. The State (SC.85/2013, 17 Feb 2023)

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NO ORDER AS TO COST WHERE RESPONDENT FILED NO BRIEF

As the respondents filed no brief nor participated at the hearing of the appeal, I make no order as to costs. – Ogundare JSC. Iragunima v. Rivers State (2003)

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INELEGANT BRIEF WILL BE CONSIDERED

I must point out at the onset that the appellant’s brief is sketchy, clumsy and inelegant. It cannot be said to be strictly in compliance with the provisions of Order 6 of the Rules of this court, 1984, as amended. But be that as it may, it is a brief that should be considered in the interest of justice. See Akpan v. State (1992) 6 NWLR (Pt. 248) 439; Obiora v. Osele (1989) 1 NWLR (Pt. 97) 279 at 300.

— Rowland, JCA. Alex O. Odudu v. Emmanuel O. Onyibe (CA/B/138/98, 15 Mar 2001)

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BRIEFS SHOULD BE CONCISE AND DEAL WITH THE ISSUES ARISING

On another look at the whole of the respondent’s brief, it can be seen that the brief is not elegantly written, besidesthis, it is very verbose and full of a lot of repetitions. The trial court’s judgment is only fourteen pages, it is from this that the respondent’s counsel wrote a brief of 62 pages. This no doubt defeats the essence of brief writing. Briefs should be concise and deal with the issues that arose from the appeal and relate to the word “Brief”. It defeats the whole intendment of brief writing if one will spend the whole day or night reading one brief. This can be excusable in a very complicated matter where there are so many appellants with many notices of appeals and also cross-appeals or where many cases are consolidated but not in this case which is a very simple matter.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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