Saheed Afeez Ayinde


The court of appellates, as the name implies, are meant to entertain matters that has been entertained by the court of first instance. Hence, They entertain the A to Z of the particular case without removing nor adding to it but to determine the contending issues in the A to Z.

Thence, the court of Appellates, will not entertain the raising fresh point in any forms or shape except in special circumstances as defined below; A fresh point is a matter that was not canvassed at the trial nor in the Court of Appeal, See Mohammed V. State (1991) 5 NWLR (Pt. 192) 438 at 453 SC.

In furtherance, The position had met clarity in the wordings of per Iguh, Jsc, in the case below

Akpabio v. State (1994) 7 NWLR (Pt35 9) 635 SC,

The question as to exclusion of the statement in issue was neither raised before nor pronounced by the Court below. It was, in fact, neither made a ground of appeal in that Court nor before us.

It is well to bear in mind -that an appellate Court will not generally allow a fresh point to be taken before it if such a point was not raised and pronounced upon by the Court below unless of course, the question involves substantial points of Iaw and no further evidence needs be adduced to determine the matter and such a course of action is necessary to prevent an obvious miscarriage of justice.

Expositions Legal

deemlawful View All →

Educational || Motivational || Legal || Public Speaker || Professional || Activist ||

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: