Judiciary-Poetry-Logo
JPoetry

INELEGANCE OF BRIEF WILL NOT DEFEAT MERIT OF A CASE

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

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)

Was this dictum helpful?

LACK OF RESPONDENT BRIEF DOES NOT PUT THE APPELLANT AT AN ADVANTAGE

Not filing respondents brief in no way puts the appellant at an advantage, since the judgment of the Court of Appeal is a favour of the respondent. The appellant still has to show that the Judgment of the court of Appeal was wrong.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

Was this dictum helpful?

NOTWITHSTANDING FAILURE OF RESPONDENT TO FILE BRIEF, APPELLANT WILL SUCCEED ON HIS OWN BRIEF

This failure will not affect the determination of the appeal. This is because an appellant will succeed on the strength of his case. He can only succeed or fail on his own brief notwithstanding the absence of the Respondent’s Brief. In a catalogue of decided cases, the Appellant courts have held that the failure of a Respondent to file a reply brief is immaterial. See John Holt Ventures Ltd. v. Oputa (1996) 9 NWLR (Pt. 470) 101 C.A., Onyejekwe v. The Nigeria Police Council (1996) 7 NWLR (Pt.463) 704 C.A., Waziri v. Waziri (1998) 1 NWLR (Pt. 533) 322 C.A. and U.B.A. Plc v. Ajileye (1999) l3 NWLR (Pt. 633) 116 C.A. Confirming the effect of failure of Respondent to file a reply Brief, the Supreme Court in Unity Bank Plc v. Bouari (2008) 7 NWLR (Pt.1086) SC 372 per Ogbuagu J.S.C. held: “It has been held that the failure of a Respondent to file a reply Brief is immaterial. This is because an Appellant will succeed on the strength of his case. But a Respondent will be deemed to have admitted the truth of everything stated in the Appellant’s Brief in so far as such is borne out by the records. In other words, it is not automatic an Appellant must succeed or fail on his own Brief”.

— R.O. Nwodo, JCA. Teleglobe v 21st Century Tech. (2008) – CA/L/694/2006

Was this dictum helpful?

BRIEFS SHOULD BE CONCISE AND DEAL WITH THE ISSUES ARISING

On another look at the whole of the respondent’s brief, it can be seen that the brief is not elegantly written, besidesthis, it is very verbose and full of a lot of repetitions. The trial court’s judgment is only fourteen pages, it is from this that the respondent’s counsel wrote a brief of 62 pages. This no doubt defeats the essence of brief writing. Briefs should be concise and deal with the issues that arose from the appeal and relate to the word “Brief”. It defeats the whole intendment of brief writing if one will spend the whole day or night reading one brief. This can be excusable in a very complicated matter where there are so many appellants with many notices of appeals and also cross-appeals or where many cases are consolidated but not in this case which is a very simple matter.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2024

designed by Humongouz Ztudio. 

TO – 1334 | UO – 5 | GO – 1108 | BO – 221

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.