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REPLY BRIEF IS NOT FOR CORRECTING ERRORS IN MAIN BRIEF

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Dictum

In Nyesom v. Peterside & Ors. (2015) 11 – 12 SCM, 139, (2016) 1 NWLR (Pt. 1492) 71 this Court held that “The purpose of a reply brief is to reply to new points raised in the respondent’s brief of argument and not fill any error in appellant’s brief.”

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ESSENCE OF A REPLY BRIEF

The essence of a reply brief is not to reopen argument already canvassed. It is to reply to new issues that have arisen in the respondents brief of argument. — P.A. Galumje, JSC. Was this dictum helpful? Yes 0 No 0...

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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...

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PURPOSE OF A REPLY BRIEF

A Reply Brief is meant to explain or contest fresh issue of law raised in the Respondents brief, which was not canvassed in/by the Appellants Brief. – Mbaba JCA. Aduba v. Aduba (2018) Was this dictum helpful? Yes 0 No 0...

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INCOMPETENT REPLY ON POINTS OF LAW

Now, the law is that a reply on points of law is meant to be just what it is, a reply on points of law. It should be limited to answering only new points arising from the opposing brief. It is not meant for the party replying on points of law to reargue its case or bring in points it forgot to advance when it filed its final written address. It is not a form to engage in arguments at large. Alternatively put, a reply on points of law is not meant to improve on the quality of a written address; a reply brief is not a repair kit to correct or put right an error or lacuna in the initial brief of argument. See Dr Augustine N. Mozie & ors v. Chike Mbamalu [2006] 12 SCM (Pt. I) 306. The effect of non compliance is that the Court will discountenance such a reply brief. See Onuaguluchi v. Ndu [2000] 11 NWLR (Pt. 590) 204.

— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017

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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...

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