WHETHER A REPLY BRIEF CAN USHER IN NEW POINT OF ARGUMENT

WHETHER A REPLY BRIEF CAN USHER IN NEW POINT OF ARGUMENT

Saheed Afeez Ayinde

DEEMLAWFUL

The court in this matter had painstakingly clarify the mix up roles attached to “Reply Brief” that is usually made by the Appellant in response to The Respondent.

In this case, counsel to the Appellant had raise a new point in his “Reply Brief” in order to Corroborate and amend the Lacuna in his initial Brief served to the Respondent.

Hence, the court had called the attention of the parties and remove the offshoots as observed in the cited case below;

LT. COLONEL P. Y. AWUSA V. NIGERIAN ARMY LOR 4:5:2018 SC

as per AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgement)

This is totally unacceptable because as I said: “a reply brief is not a repair kit to put right any lacuna or error in Appellants Brief” Mozie V. Mbamalu (supra).

A reply brief is not the forum for the Appellant to strengthen his main Brief by repeating or expanding the arguments contained therein; not to mention the introduction of fresh arguments that should have been made in the main brief. In effect, a reply brief does not open the door for the Appellant to take a second bite at the cherry; he will not be permitted to do so.

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: