COURT OF APPEAL RULES 2011

CENTER FOR LAWS OF NIGERIA: RULES OF COURTS

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High Courts	Lower Courts	Public Service	Custom/Sharia

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RULES OF COURT OF APPEAL OF NIGERIA 2011

ARRANGEMENT OF RULES 

Order 1 – General

1.	Short title	2.	Repeal	3.	Conflict with State Law or Rules
4.	Forms	5.	Interpretations

Order 2 – Service

1.	Personal service for Notice of Appeal	2.	Address for service	3.	Failure to endorse address for service
4.	Notification of change of address	5.	Address of legal practitioner	6.	Dispensing with personal service
7.	Ex-office service	8.	Service in accordance with state laws	9.	Service outside jurisdiction

Order 3 – Registrars, Registries and Sessions

1.	Chief Registrar	2.	Other Registrars	3.	Seal of the Court
4.	Powers of the Chief Registrar	5.	Book to be kept by Registrar	6.	File for Documents
7.	Setting aside or varying order of Registrar	8.	Registries and filing of processes	9.	Hours of opening of registry
10.	Sessions	11.	Publication of cause list	12.	Reservation of days for judgment
13.	Notification of sittings	14.	Adjournment

Order 4 – Powers of the court

1.	General	2.	Further evidence	3.	Inference of fact
4.	Powers not limited by notice of appeal	5.	Powers not limited by interlocutory order	6.	Powers to make order of injunction
7.	Impounded documents	8.	Inspection of impounded	9.	Powers of the Court as to new trial

Order 5 – References as to Constitution and reserved point of Law

1.	Stating a case (forms 1 & 2)	2.	Signature of case stated	3.	Contents of case stated
4.	Right of audience

Civil Appeals

Order 6 – Notice and Grounds of Civil Appeals

1.	Application	2.	Contents and requirements of Notice of Appeal (Form 3)	3.	Vague grounds
4.	Grounds outside notice	5.	Court not restricted by grounds	6.	Striking out of notice
7.	Endorsement as to fees	8.	Service of Notice on parties mentioned.	9.	Notice of appeal and address of service
10.	Respondent’s Notice of Address for service	11.	Change of address by party	12.	Directions as to service of Notice of Appeal
13.	Direction as to service of respondent’s notice	14.	Effect of direction as to service	15.	Amendment of Notice of Appeal.

Order 7 – Application to Court

1.	Forms of applications (form 4)	2.	Application for leave	3.	Application refused in lower court time to file
4.	Application, where first made	5.	Filing of notice of appeal after leave	6.	Extension of time for timely
7.	Requirement of application for  leave	8.	Non-Contentious application	9.	Time to argue motion
10.	Enlargement of time	11.	Appeal when brought.

Order 8 – Compilation and Transmission of Records

1.	Compilation by registrar	2.	Summons to settle record (form 7)	3.	Settlement of records.
4.	Mandatory compilation by appellant	5.	Service of record on respondent	6.	Respondent’s additional record
7.	Contents of Record of Appeal	8.	Exclusion of irrelevant records	9.	Certification of records
10.	(1) Transmission of Records (form 8) (2) Notice of transmission of  Record (form 9)	11.	Deposit against cost	12	Additional deposit against costs
13.	Production of documentary exhibit	14.	Production of non documentary exhibit	15.	Registrar’s directive where exhibit not produced
16.	Directives of registrar in respect	17.	Custody of exhibits	18.	Failure to compile and transmit record
18.	Failure to compile and transmit record	19.	Respondent’s notice after dismissal	20.	Restoration of appeal.

Order 9 – Respondent’s Notice of Contention

1.	Respondent’s Notice to vary judgment (Form 10A)	2.	Respondent’s notice to judgment (Form 10B)	3.	Respondent’s notice limited by grounds
4.	Time within which to file respondent’s notice	5.	Copies of respondent’s notice	6.	Powers of Court not restricted by absence of notice
7.	Amendment of Respondent’s Notice

Order 10 – Notice of Preliminary Objection

1.

Filing of preliminary objection (Form 11)

2.

Matters exempted from objection

3.

Effect of non compliance

Order 11 – Withdrawal of Appeal

1.	Unilateral withdrawal of appeal (Form 12)	2.	Withdrawal of appeal by consent (Form 13)	3.	Effect of withdrawal by consent
4.	Effect of withdrawal without consent	5.	Appeal withdrawal deemed dismissed	6.	Appeal by respondent after appellant’s appeal is withdrawn.

Order 12 – Fees

1.

Schedule of fees

2.

Exemption from fees for government

3.

Exemption from fees for poor persons

Order 13 – Proceedings by Persons with Means

1.	Application for leave	2.	Conditions for leave	3.	Effect of leave
4.	Review of leave	5.	Cost in proceedings by persons without means

Order 14 – Service of Record of Appeal to the Supreme Court

1.	Duties of Registrar in respect of service	2.	Manner of Service	3.	Notice of compilation
4.	(1) Certificate of service of record to appellant (Form 14A) (2) Certificate of service of record to respondent (Form 14B)	5.	Cost in proceedings by persons without means

Order 15 – Death of Party to an Appeal

1.

Duty of Counsel

2.

Addition or substitution of party

3.

Power to Court to strike out appeal

Order 16 – Court of Appeal Mediation Programme

1.	Request for Alternative Dispute	2.	Adjournment of Appeal	3.	Proceedings on reference
4.	Outcome of proceedings

Order 17 – Criminal Appeal

1.	Appeals to which order applies	2.	Application not specifically	3.	Notice of appeal or application for leave to appeal or application for extension of time, amendments thereto and Criminal Forms.
4.	Notice of Appeal, etc. who should sign	5.	Application for extension of time (Criminal Form 7)	6.	Notice of Application for leave to appeal (Criminal Form 6)
7.	Forwarding Proceedings of court below to Registrar	8.	Fees	9.	Record in criminal appeals from below in original jurisdiction
10.	Record in criminal appeals from the court below in its appellate jurisdiction	11.	Report of the judge of the court of trial	12.	Furnishing judge of court of trial with materials for report.
13.	Bail	14.	Fines	15.	Varying order of restitution of property
16.	Non-suspension of order of restitution	17.	Non-issuance of certificate of conviction	18.	Notice of abandonment of appeal
19.	Withdrawal of Notice of abandonment (Criminal Forms 13 & 13A)	20.	Attendance of witness before the Court	21.	Proceeding on reference
22.	Notification of final determination of appeal (Criminal Forms 18, 19, 20 or 21)	23.	Notification of results of appeal to court below.	24.	Return of original deposition etc.
25.	Enforcement of orders	26.	Service of Record of Appeal to the Supreme Court	27.	Certification of service and transmission of record to the Supreme Court.

Order 18 – Briefs of Argument

1.	Application	2.	Filing of appellant’s brief	3.	Forms and contents of a brief
4.	Filing of respondent’s brief	5.	Filing of reply briefs	6.	Joint and several briefs
7.	Cross appeal or respondent’s notice	8.	Number and service of documents	9.	Oral arguments
10.	Consequences of failure to file briefs	11.	Power of Court to accelerate hearing in exceptional circumstances.

Order 19 – Judgment

1.	Delivery of Judgment	2.	Notice of counsel of reserve judgment	3.	Enrolment of judgment
4.	Review of judgment	5.	Enforcement of judgment	6.	Execution of judgment by court
7.	Costs	8.	Notification of judgment	9.	Final disposal of exhibits, documents, etc.
10.	Interlocutory judgments not to prejudice appeal	11.	Power of Court to give any judgment and make order

Order 20 – Miscellaneous

1.	Records of Appeal from Customary Court of Appeal or Sharia Court of Appeal.	2.	Departure from Rules	3.	Waiver of non-compliance
4.	List of Law Reports, Textbooks, etc	5.	Application to strike out, etc	6.	Rules of Court Advisory
7.	Practice Direction.

In exercise of the powers conferred on me by Section 248 of the Constitution of the Federal Republic Nigeria, 1999, and by virtue of all powers enabling me in that behalf, I, Isa Ayo Salami (OFR) President, Court of Appeal, hereby make the following Rules.

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