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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Before I conclude this judgment I would like to say a word or two about the lack of due care and attention with which the briefs in this appeal were prepared and filed. The appellant’s brief contained not less than fifteen grammatical errors in six pages of the brief. Such numerous grammatical mistakes cannot be written off on the altar of the usual excuse – “typographical error”. It shows utter lack of care in the preparations of the brief. Briefs, like pleadings and every other document prepared for filing in court are serious and I may add solemn documents. They require great industry, great concentration and great care and attention in their preparation, vetting and proof-reading before they are filed in Court. A brief or pleading which is replete with grammatical errors is irksome to the reader and annoying to the Judge.
– Ubaezonu JCA. Coker v. Adetayo (1992)
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)
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)
Notwithstanding the above, it is pertinent to note that the 3rd Respondent, in paragraph 9 of the affidavit in support of the application for extension of time to file the 3rd Respondents brief of argument, averred that Exhibit C attached to the affidavit was the 3rd Respondents brief. Yet, after the grant of the application, the 3rd Respondent proceeded to a file a different brief of argument thereby taking both the Appellant and the Court for a ride. This conduct must be and is viewed with disapproval. The 3rd Respondents Brief filed on 24th November, 2016 would have been discountenanced by this Court for this reason except for the fact that the Appellant has replied to it. As by filing the said reply to that brief, the Appellant had waived his right to have the process struck out or discountenanced by this Court. Accordingly, the objection of the Appellants counsel is hereby discountenanced.
— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)
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
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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