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WHERE APPELLANT FAILS TO FILE REPLY BRIEF, IT WILL BE DEEMED ADMITTED

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Where a respondent raises new issue in his brief of argument, the appellant is supposed to file a reply brief thereto and if he fails to file such a reply brief within 14 days of service of such respondent’s brief of argument, the court will deem it that he has conceded all the new issues/points contained in the respondent’s brief of argument. See Order 6, rule 10. See also the cases of Ayalagu v. Agu (1998) 1 NWLR (Pt. 532) 129; Lori v. Akukalia (1998) 12 NWLR (Pt. 579) 592; Chukwuogor v. Att.-Gen., Cross River State (1998) 1 NWLR (Pt. 534) 375; Ekpuk v. Okon (2002) FWLR (Pt. 84) 145, (2002) 5 NWLR (Pt. 760) 445.

— Sanusi JCA. Ikeleve Daagir Ityavkase Ikyereve V. Joseph Kwaghkar (CA/J/45/97, 15 November 2004)

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FAILURE TO FILE REPLY BRIEF MAY BE DEEMED ACCEPTANCE OF NEW POINTS RAISED

Although it is not mandatory for an appellant to file a reply brief. However, where a respondents brief raises a point of law not covered in his (appellants) brief, he (appellant) ought to file a reply (brief). Indeed, where he fails to do so (that is, fails to file a reply brief) without an oral reply to the points raised in the respondent’s brief, he may be deemed to have conceded to the points of law or issues so raised in the respondent’s brief.

— C.C. Nweze JSC. Onuwa Kalu v. The State (SC.474/2011, 13 Apr 2017)

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FUNCTION OF A REPLY BRIEF

The function of a reply brief is to refute the new arguments in the respondents brief. A reply brief is necessary when an issue of law or argument is raised in the Respondents brief which requires a reply by the appellant. Failure to file a Reply brief can adversely affect the case of the appellant if the issues raised in the respondent’s brief are weighty, substantial and relevant in law. A reply brief is not meant to re-argue or fine tune an appellant’s case. A reply brief has no connection or affiliation with the Cross-Respondents brief and can only be filed by an appellant in the main appeal or cross-appeal.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

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REPLY BRIEF IS FOR ADDRESSING NEW ISSUES RAISED

A reply brief is filed when an issue of law or argument raised in the respondent’s brief usually by way of a preliminary objection calls for a reply. Where a reply brief is necessary, it should be limited to answering any new points arising from the respondent’s brief. Although the filing of a reply brief by an appellant is not mandatory, where a respondent’s brief raises issues or points of law not covered in the appellant’s brief, an appellant ought to file a reply as failure to file one without an oral reply to the points raised in the respondent’s brief may amount to a concession of the points of law or issues raised in the respondent’s brief. It is not proper to use a reply brief to extend the scope of the appellant’s brief or raise issues not dealt with in the respondent’s brief. A reply brief is not meant to have a second bite of the cherry, which is exactly the purpose of the appellant’s reply brief in this appeal. Since the appellant used the reply brief to extend the scope of his argument and submission in the two issues raised for determination, it is utterly irrelevant to this appeal.

– Adekeye JSC. Harka v. Keazor (2011) – SC.262/2005

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NEW FACTS CANNOT BE INTRODUCED VIA A PETITIONER’S REPLY

It is therefore clear that paragraph 16(1) of the First Schedule to the Electoral Act does not permit a Petitioner in his Reply to introduce or bring in any new issue or fact which ought to have been raised in the petition itself. In other words, a Petitioner cannot in the guise of a Reply to a Respondent’s Reply, introduce a new issue of fact which was never raised in his Petition nor raised by the Respondent. To do that will amount to amending or adding to the petition, and also taking the Respondent by surprise because at that stage, the Respondent will not be in a position to react to such new issue or fact. It will therefore breach the Respondents fundamental right to fair hearing. Therefore, the Petitioner is not permitted to repair or rehash his averments in the Petition in such a way that it will amount to an amendment or reconstruction of the petition. See Dingyadi v. Wamako (2008) 17 NWLR (pt. 116) 395.

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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A REPLY BRIEF CAN ONLY CONTAIN REPLIES TO NEW ISSUES RAISED BY RESPONDENT

It is not my understanding of the law of brief writing that a reply brief seeks a different relief outside the main brief. A reply brief, as the name implies, is a reply to the respondent’s brief. A reply brief is filed when an issue of law or arguments raised in the respondent’s brief call for a reply. A reply brief should deal with only new points arising from the respondent’s brief. In the absence of a new point, a reply brief is otiose and the Court is entitled to discountenance it. A reply brief is not a repair kit to put right, any lacuna or error in the appellant’s brief.

— Niki Tobi, JSC. Mozie & Ors. v. Mbamalu & Ors. (2006) – S.C.345/2001

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REPLY BRIEF TO ATTACK NEW ISSUE(S)

The purpose of Reply Brief is to tackle new issues or argument raised in the respondents’ Brief of Argument and not dealt with in the appellant’s Brief of Argument otherwise a Reply Brief would be tantamount to a repetition of the appellant’s main Brief. In other words, it should not serve as a forum for reopening the appellant’s case over again. And where it is coterminous in every respect with the appellant’s main Brief, it should be discountenanced.

– Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)

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