Ejura v. Idris (2006) 4 NWLR (Pt. 971) 538 @ 564-565 F-A the Court of appeal per Rhodes-Vivour, J.C.A. (as he then was) observed: When a respondent agrees with the judgment appealed against but at the same time wants the judgment varied or affirmed on other grounds, he is duty bound to file a respondent’s notice … On the other hand, an appeal filed by a respondent is a cross appeal, and it is filed to correct an error, which if left to remain would be of a disadvantage to the respondent in the main appeal. It is also filed in situations where the Respondent seeks a reversal of the decision of the trial court. (Ogunbadejo v. Owoyemi (1993) 1 NWLR (Pt. 271) 517; Eliochin (Nig.) Ltd v. Mbadiwe (1986) 1 NWLR (Pt. 14) 47; New Nigeria Bank Plc. v. Egun (2001) 7 NWLR (Pt. 711) 1
A RESPONDENT NOTICE IS TO AFFIRM THE LOWER TRIBUNAL’S JUDGEMENT ON OTHER GROUND THAN THE ONE REACHED BY THE TRIBUNAL
At any rate, a Respondent’s notice is for the affirmation of the judgment of the lower Tribunal grounds other than the ground relied upon by the lower Tribunal. It is certainly not for a Respondent to ask an appellate Court to make a consequential order which the lower Tribunal did not make, which would be more appropriate, perhaps, through the means of a cross – appeal except where the 1st Respondent was the person who scored the second highest valid votes at the questioned election. In the latter circumstances, I would be prepared to declare the 1st Respondent if he had been the person who had the second highest valid votes cast at the questioned election even without a cross-appeal in tandem with the spirit and letter of the provision of Section 136 (2) of the Electoral Act 2022. The 1st Respondent notice, being bereft of neither any jurisprudential basis nor any legal foundation or statutory backing, is dead on arrival and it is accordingly dismissed for lacking in merit.
— B.A. Georgewill JCA. Okeke, PDP v. Nwachukwu, Labour Party, INEC (CA/ABJ/EP/IM/HR/86/2023, November 04, 2023)