Close Menu
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions

Subscribe to receive Updates

Get the latest updates from us

What's Hot

[FULL LIST]: FCT High Court Releases Official List of 66 Judges, their Designations and Postings

May 14, 2025

NBA Jos Branch Secures Release of Detained Lawyers, Police Officer Transferred

May 14, 2025

‘Even IGP Can’t Stop Us’: Jos Police Officers Allegedly Detain Lawyer for Representing Clients

May 14, 2025
Facebook X (Twitter) Instagram
Facebook X (Twitter) Instagram
Lawbreed Blog
Visit our Website
  • Home
  • News Update

    ‘Even IGP Can’t Stop Us’: Jos Police Officers Allegedly Detain Lawyer for Representing Clients

    May 14, 2025

    Court Orders Nigerian Govt. To Release Gas Flaring Data After HEDA Lawsuit

    May 13, 2025

    Fed Gov’t Bans Procurement Of Foreign Goods, Services Where Local Alternatives Exist

    May 6, 2025

    Meta threatens to cut off Facebook in Nigeria over huge fines

    May 3, 2025

    Bamise: BRT driver to die by hanging for murder of passenger

    May 2, 2025
  • Legal Updates

    How to Process a Change of Name at the Supreme Court : Updated Requirements

    May 8, 2025

    What residents should know and do about Wike’s land policy to protect properties

    April 15, 2025

    EXPLAINER: What constitution says about emergency rule, governor’s suspension

    March 19, 2025

    The Implications of ChatGPT for Legal Services and Society

    March 13, 2023

    Abia Assembly Passes Bill Allowing Female Children Share in Parent’s Inheritance

    November 25, 2022
  • Free Legal Resources

    US court orders FBI, DEA to release records on Tinubu’s investigation (See UNITED STATES DISTRICT COURT MEMORANDUM OPINION)

    April 14, 2025

    Relief for Tinubu as U.S. judge denies Greenspan’s motion to fast-track confidential records disclosure by FBI, CIA, others

    October 24, 2023

    Nigeria wins $11bn P&ID case in UK court (Download Judgment)

    October 23, 2023

    Download: 12-hour marathon judgement delivered by the Presidential Election Petitions Court

    September 9, 2023

    (Download Judgment) It’s Unconstitutional, Unlawful For Minister To Deduct From Or Tamper With Financial Allocations To States — FHC Rules

    June 27, 2023
  • Law News

    Industrial Court nullifies Head of Service Guideline on Implementation of Teacher Retirement Age

    May 13, 2025

    Court Orders Refund of $20k bribe by EFCC operative back to lawful owner

    May 13, 2025

    Gombe CJ Grants Freedom to Over 80 Inmates in Bold Prison Decongestion Move

    May 8, 2025

    Lagos CJ Pushes for Enforcement of ECOWAS Court Decisions

    May 6, 2025

    Court jails two women for hawking naira in Lagos

    May 5, 2025
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed Blog
Home»Legal Updates»Does A Wrongly Headed Appeal Vitiate An Appeal Where the parties are not in doubt?
Legal Updates

Does A Wrongly Headed Appeal Vitiate An Appeal Where the parties are not in doubt?

Lawbreed LimitedBy Lawbreed LimitedApril 11, 2020Updated:April 22, 2020No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Does A Wrongly Headed Appeal Vitiate An Appeal Where the parties are not in doubt ?

CASE CITATION: ERASTUS B. O. AKINGBOLA v. THE FEDERAL REPUBLIC OF NIGERIA (2018) 5-6 S.C. (Pt. I) 116

DATE OF JUDGMENT: FRIDAY, THE 18TH DAY OF MAY, 2018
COURT: SUPREME COURT
SUIT: SC. 306/2015

CORAM:
1. IBRAHIM T. MUHAMMAD (Presided)
2. OLUKAYODE ARIWOOLA
3. KUMAI BAYANG AKAAHS
4. PAULADAMU GALINJE
5. SIDI DAUDA BAGE (Delivered the Leading Judgment)

ISSUE(S): Wrongly headed appeal – whether vitiates appeal whose parties are not in doubt

CASE SYNTHESIS

Issue three represents a typical case of unintended error of the court which is neither meant nor targeted at inflicting hardship or injustice on any of the parties to the appeal save for courting technicalities to defeat the ends of justice. In Oyeyemi & Ors. v. Owoeye & Anor. (2017) 2-3 S.C. (Pt. IV) 117, I have had cause to state the position of law and attitude of this court to justice and the need to avoid technical justice in whatever coloration it might be presented. For the avoidance of doubt, I wish to restate that:-

“Our duty as an apex court is to do substantial, justice-stark justice, based on fairness which to all intent and purposes, seeks to not only ensure fairness in dispensing justice, but which is manifestly seen and duly acknowledged by all and sundry as justice both in content and context. We are not judicial technicians in the workshop of technical Justice. The jurisprudence or logic of our reasoning is and as humanly possible, would be devoid of technicalities.”

The need to do substantial justice and avoid delving into the error of technicalities is well settled. This court has shown the way, and all courts below the judicial hierarchy should abide by embracing the trends of deliberately shifting away from narrow technical approach to doing substantial justice irrespective of obstacles and hindrances. See for example the case of Makeri Smelting Co. Ltd. v.Access Bank (Nig.) Plc (2002) 7 NWLR (Pt.766) 411 at 476-417. This case, like the Oyeyemi’s case, amplified the attitudinal disposition of the court against deciding cases on mere technicalities. The attitude of the courts now is that cases should always be decided, wherever possible on merit. Even in cases where errors of omission or commission called blunders have been made, it is unjust to hold that because blunders have been committed, the party blundering is to incur the penalty of not having the dispute between him and his adversary determined upon the merits. See alsoAjakaiye v. Idehia (1991) 8 NWLR (Pt.364) 504, Artra Ind. Ltd. v. NBC (1997) 1 NWLR (Pt. 483) 574; Dakat v. Dashe (1997) 12 NWLR (Pt.531) 46, Benson v. Nigeria Agip Co. Ltd. (1982) 5 S.C.1 (1982) 5 S.C. (Reprint) 1.

As rightly held by this court in Regd. Trustee,A.O.N. v. N.A.M.A (supra), per Okoro, JSC., where the parties to an appeal are not in doubt but the appeal is wrongly headed, it cannot affect the competency of the case. I also wish to amplify this position by quoting from the decision of this court in the suit, per Peter-Odili, JSC., thus:

“It is now settled law that an appeal is a continuation of the case from the court of trial to and the appeal does not stand alone as an independent process without the linkage to the proceedings in the court of first instance. It is therefore with that fact that the wrong heading of a party at the appeal stage as happened in this instance in the court below would not have the effect of rendering the appeal incompetent or described as an appeal against a person, as that against a party unknown to law which would have the effect of a fatality……”

Clearly, no injury is intended or inflicted on the parties by the inadvertence of stating the name of Respondent as EFCC at the lower court as against the Federal Republic of Nigeria. At every stage of the matter, from the trial court up to this stage of the appeal here at the Supreme Court the facts, issues, parties and records have been consistent as to the intended parties. It is my considered position on issue three, that no one is left in doubt that this appeal arose from the case of the Federal Republic of Nigeria and Erastus B.O. Akingbola. Therefore, I also resolve issue three in favour of the Respondent.

ERASTUS B. O. AKINGBOLA v. THE FEDERAL REPUBLIC OF NIGERIA (2018) 5-6 S.C. (Pt. I) 116 @ 152-154 Para 10-15

[mks_button size=”medium” title=”Click to Read Full Judgment” style=”rounded” url=”https://www.lawbreed.com/site/search-for-case/?case_ref=3461″ target=”_blank” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Lawbreed Limited
  • Website
  • Facebook
  • X (Twitter)
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

How to Process a Change of Name at the Supreme Court : Updated Requirements

May 8, 2025

What residents should know and do about Wike’s land policy to protect properties

April 15, 2025

EXPLAINER: What constitution says about emergency rule, governor’s suspension

March 19, 2025

Comments are closed.

www.lawbreed.blog
DARK HEARTS by Layi Babatunde, SAN – CLICK TO BUY
Top Posts

Soyinka At UN: “Slave Trade Has Returned To Africa With One-Sided Ferocity”

March 26, 2025327 Views

Pope Francis dies at 88 – Vatican

April 21, 2025256 Views

US Supreme Court stops Trump from deporting migrants

April 21, 2025222 Views

Reps Pass Bill Giving NBA Power To Remove Corrupt Judges Through No-Confidence Vote

March 26, 2025125 Views
QUALITY BOOKS & LAW REPORTS BREEDS QUALITY PRACTICE
https://lawbreed.blog/wp-content/uploads/2020/10/Law-Breed_x264.mp4
Don't Miss

[FULL LIST]: FCT High Court Releases Official List of 66 Judges, their Designations and Postings

NBA May 14, 2025

The High Court of the Federal Capital Territory (FCT), Abuja, has released the comprehensive list…

NBA Jos Branch Secures Release of Detained Lawyers, Police Officer Transferred

May 14, 2025

‘Even IGP Can’t Stop Us’: Jos Police Officers Allegedly Detain Lawyer for Representing Clients

May 14, 2025

Industrial Court nullifies Head of Service Guideline on Implementation of Teacher Retirement Age

May 13, 2025

Court Orders Refund of $20k bribe by EFCC operative back to lawful owner

May 13, 2025
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram

Subscribe to get Updates

Get the latest creative news delivered to your email. subscribe now

Supreme Court Report Online (My S.C Extra)
Our Picks

[FULL LIST]: FCT High Court Releases Official List of 66 Judges, their Designations and Postings

May 14, 2025

NBA Jos Branch Secures Release of Detained Lawyers, Police Officer Transferred

May 14, 2025

‘Even IGP Can’t Stop Us’: Jos Police Officers Allegedly Detain Lawyer for Representing Clients

May 14, 2025

Industrial Court nullifies Head of Service Guideline on Implementation of Teacher Retirement Age

May 13, 2025
Don't Miss

[FULL LIST]: FCT High Court Releases Official List of 66 Judges, their Designations and Postings

NBA May 14, 2025

The High Court of the Federal Capital Territory (FCT), Abuja, has released the comprehensive list…

NBA Jos Branch Secures Release of Detained Lawyers, Police Officer Transferred

May 14, 2025

‘Even IGP Can’t Stop Us’: Jos Police Officers Allegedly Detain Lawyer for Representing Clients

May 14, 2025

Industrial Court nullifies Head of Service Guideline on Implementation of Teacher Retirement Age

May 13, 2025
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook X (Twitter) Instagram YouTube LinkedIn WhatsApp
Tags
AMCON APC Bamise Bandits Bill BOSAN BRT Buhari BVAS CBN CJN Covid crime EFCC FEA feat FEATU feature featured FG FIRS Fraud INEC kano Labour Party metro Multichoice NBA New Naira Notes NICN NJC NUC o Obi Old Naira Notes oransaye PEBEC Popular pwc SAN Shar'iah Tax Trending Twitter VAT
Most Popular

Soyinka At UN: “Slave Trade Has Returned To Africa With One-Sided Ferocity”

March 26, 2025327 Views

Pope Francis dies at 88 – Vatican

April 21, 2025256 Views

US Supreme Court stops Trump from deporting migrants

April 21, 2025222 Views

Type above and press Enter to search. Press Esc to cancel.