Where a counsel after adoption of counsel’s Written Address discovers new judicial authorities applicable to the issues canvassed, the counsel shall send the new judicial authorities to the Court and the opposing counsel. The opposing counsel shall have right of re-action. The new judicial authorities referred to here do not include statutory provisions as the defendant did in terms of its third part of the “Additional Authorities”. Secondly, the new judicial authorities referred to by Order 45 Rule 5 are simply the judicial authorities, not another address masquerading as new judicial authorities. This means that new judicial authorities must be either in their raw state or simply listed out. The best counsel can do is to simply state as to what point/issue each new judicial authority is meant to support. Anything beyond this is simply having another bite at the cherry when addresses should have been closed. Lastly, as the words imply, “new judicial authorities” means authorities that are new — authorities that could not have been known as at the time of filing the written address(es). For the defendant to send as “new judicial authorities”, 1987, 2009, 2010 and 2014 authorities as additional authorities after filing its written address does not meet the meaning, import and spirit of Order 45 Rule 5 of the NICN Rules. This is wrong of counsel for the defendant or any counsel for that matter and must not be repeated.
— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022