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INELEGANCE OF BRIEF WILL NOT DEFEAT MERIT OF A CASE

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Dictum

However, since the introduction of brief writing way back in 1985 in the apex court, it has been the availing principle and practice that inelegance of a brief of argument should not defeat the merits of a case. Thus, as much as possible, the brief should be salvaged unless it is legally impossible to do so. See Ndukwe v The State 37 NSCQR 425 @ 484; (2009) 7 NWLR (Pt. 1139) 39; Amghare v Sylva (2009) I NWLR (Pt.1121) 1@ 53; Lawal v. Salami (2002) 2 NWLR (Pt. 752) 687: Lawal v. Oke (2001) 7 NWLR (Pt. 711) 88.

— Saulawa, JSC. Enobong v. The State (2022) – SC/CR/249/2020

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BRIEF OF ARGUMENT TO BE FILED AFTER EXPIRATION OF TIME

Any brief of argument filed by a party out of time and without extension of time sought and obtained is incompetent and will not be taken but struck out at the hearing of an appeal. Where the extension of time granted has also expired, the party will still need another extension of time for revalidation or else the brief will be incompetent and liable to be struck out. See the cases of: (1) Mohammed V. Klargester (Nig.) Ltd. (1996) 1 NWLR (Pt. 422) p.54 at p.61 and (2) Goji V. Ewete (2001) 15 NWLR (Pt. 736) p.373.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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DILIGENCE IN PREPARING BRIEFS

Before I conclude this judgment I would like to say a word or two about the lack of due care and attention with which the briefs in this appeal were prepared and filed. The appellant’s brief contained not less than fifteen grammatical errors in six pages of the brief. Such numerous grammatical mistakes cannot be written off on the altar of the usual excuse – “typographical error”. It shows utter lack of care in the preparations of the brief. Briefs, like pleadings and every other document prepared for filing in court are serious and I may add solemn documents. They require great industry, great concentration and great care and attention in their preparation, vetting and proof-reading before they are filed in Court. A brief or pleading which is replete with grammatical errors is irksome to the reader and annoying to the Judge.

– Ubaezonu JCA. Coker v. Adetayo (1992)

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INELEGANT BRIEF WILL BE CONSIDERED

I must point out at the onset that the appellant’s brief is sketchy, clumsy and inelegant. It cannot be said to be strictly in compliance with the provisions of Order 6 of the Rules of this court, 1984, as amended. But be that as it may, it is a brief that should be considered in the interest of justice. See Akpan v. State (1992) 6 NWLR (Pt. 248) 439; Obiora v. Osele (1989) 1 NWLR (Pt. 97) 279 at 300.

— Rowland, JCA. Alex O. Odudu v. Emmanuel O. Onyibe (CA/B/138/98, 15 Mar 2001)

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BRIEF OF ARGUMENT MAY NOT BE DISCOUNTENACED WHERE THE OTHER PARTY HAS REPLIED TO IT

Notwithstanding the above, it is pertinent to note that the 3rd Respondent, in paragraph 9 of the affidavit in support of the application for extension of time to file the 3rd Respondents brief of argument, averred that Exhibit C attached to the affidavit was the 3rd Respondents brief. Yet, after the grant of the application, the 3rd Respondent proceeded to a file a different brief of argument thereby taking both the Appellant and the Court for a ride. This conduct must be and is viewed with disapproval. The 3rd Respondents Brief filed on 24th November, 2016 would have been discountenanced by this Court for this reason except for the fact that the Appellant has replied to it. As by filing the said reply to that brief, the Appellant had waived his right to have the process struck out or discountenanced by this Court. Accordingly, the objection of the Appellants counsel is hereby discountenanced.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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