NO NEED FOR REPLY BRIEF WHERE NO NEW ISSUE IS RAISED

The respondent did not raise any new issue for appellant to file a reply brief. The reply brief is discountenanced for being repetitive of what has been canvassed in the main brief. — T.Y. Hassan, JCA. EMTS Ltd. (Etisalat) v. Godfrey Nya Eneye (2018) – CA/A/724/2014

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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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REPLY BRIEF IS NOT FOR CORRECTING ERRORS IN MAIN BRIEF

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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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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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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FUNCTION OF A REPLY BRIEF

In Ecobank Plc v. Honeywell Flour Mills Plc (2018) LPELR 45124 (SC), it was held: I need to emphasize that the function of a Reply Brief is to answer the arguments in the Respondents brief which were not taken in the Appellants brief. It is not meant to be a repetition of the arguments in the Appellants brief. It is not an opportunity to re-emphasize the arguments in the Appellants brief.

ESSENCE OF A REPLY BRIEF

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NO NEED FOR REPLY BRIEF WHERE NO NEW ISSUE IS RAISED

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NEW FACTS CANNOT BE INTRODUCED VIA A PETITIONER’S REPLY

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REPLY BRIEF IS NOT FOR CORRECTING ERRORS IN MAIN BRIEF

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FUNCTION OF A REPLY BRIEF

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

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FUNCTION OF A REPLY BRIEF

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