Aliyu v. Hantsi (2026) 6 NWLR (Pt. 2040) 573 AT 589 – 590, H – B: ‘At any rate, it is a trite principle of law under our administration of justice system that an appeal is a continuation of the action commenced before the trial court and so I agree with the learned counsel for the respondent that an appeal is a continuation of the action commenced before the trial court through to the lower court. Parties and indeed this court are bound by the issues as decided before the courts below. In Mohammed v. FRN (2025) LPELR-80420 (SC) this court held that – “It is elementary that an appeal is a continuation of the matter begun from the trial court, and so new issues cannot be raised on appeal … Therefore, the courts are resolute in affirming that a party must be consistent in the case he presents and he is not allowed to change his case from one level of court to another.”’
PARTY CANNOT RAISE NEW ARGUMENT FOR THE FIRST TIME ON APPEAL WITHOUT LEAVE
A counsel cannot make out a case not pleaded by a litigant in his address before the court. Where the appellant did not predicate her case on customary law before the lower court, she cannot raise same here afresh before this court. The simple answer is that an appeal is not a new action but...