An appeal is not a rehearing of the case. It is a review of whether the lower court made errors of law or fact that justify setting aside or varying its decision. Success depends on identifying the right grounds of appeal, framing them precisely and presenting persuasive written arguments. Procedural missteps, such as filing out of time or drafting defective grounds, can end an appeal before the merits are considered.
The Court of Appeal sits in divisions across Nigeria, including Lagos and Abuja, and hears appeals from the Federal High Court, State High Courts, the National Industrial Court and certain tribunals. Final appeals lie to the Supreme Court in Abuja.
How we assist
- Reviewing the judgment and record to assess the prospects of an appeal
- Drafting the notice and grounds of appeal within the time limits
- Compiling the record of appeal and resolving issues with its preparation
- Applying for extensions of time and leave to appeal where required
- Drafting appellant's, respondent's and reply briefs of argument
- Applying for and opposing stays of execution and injunctions pending appeal
- Presenting oral argument before the Court of Appeal and the Supreme Court
- Acting for respondents to uphold favourable judgments
Time limits
Time limits for civil appeals to the Court of Appeal are strict. Generally, an appeal against an interlocutory decision must be filed within 14 days, and an appeal against a final decision within three months. Where time has passed, an application for extension of time may be possible, but it requires good reasons and arguable grounds.
Stays of execution
Filing an appeal does not automatically suspend the judgment. Judgment debtors must apply for a stay of execution, first to the lower court and, if refused, to the appellate court. Judgment creditors, on the other hand, can resist unmeritorious stays and proceed with enforcement. We act on both sides of these applications.
Fresh eyes on the case
We often act on appeals in matters handled by other counsel at trial. An independent review of the record frequently reveals issues that were not apparent in the heat of the trial, and shapes a focused appellate strategy.
