Order 4 Supreme Court Rules
Order 4 of the Supreme Court Rules 2024 is about Applications. It contains the following rules:
Order 4 Rule 1 Supreme Court Rules 2024 – Form of applications (Form 1)
Every application to the Court shall be by motion on notice, staling the Rule under which it is brought. the grounds for the reliefs sought and shall be supported by an affidavit and a written address. Each written address shall not exceed ten (10) pages.
Order 4 Rule 2 Supreme Court Rules 2024 – Time to file process
The Respondent shall have fourteen (14) days within which to file processes in response (if any) to the motion on notice and the Applicant shall have seven (7) days to file a reply (if any) to the processes of the Respondent.
Order 4 Rule 3 Supreme Court Rules 2024 – Respondent’s written address
The Respondent may, if he so desires, file a written address not exceeding seven (7) pages; and a counter-affidavit in reply not later than fourteen (14) days after service of the application.
Order 4 Rule 4 Supreme Court Rules 2024 – Applicant’s reply address
Upon being served with the Respondent’s address, the Applicant may file in reply an address not exceeding five (5) pages within seven (7) days.
Order 4 Rule 5 Supreme Court Rules 2024 – Title of proceedings
Subject to the provisions of these Rules, in case of death, withdrawal, Notices of Appeal, applications for leave to appeal, addresses of Counsel and all other documents whatsoever prepared in pursuance of the appellate jurisdiction of the Court for filing in accordance with the provisions of these Rules, shall reflect the same title as that which obtained in the judgment of the Court below.
Order 4 Rule 6 Supreme Court Rules 2024 – Applications for extension of time
(1) Every application for extension of lime in which to appeal or in which to apply for leave to appeal shall be served on the party or parties affected, and shall be supported by an affidavit setting forth good and substantial reason(s) for the failure to appeal or to apply for leave to appeal within the prescribed period. There shall be exhibited and/or annexed to such affidavit:
(a) a certified true copy (CTC) of the decision of the trial Court;
(b) a certified true copy of the judgment from which it is intended to appeal;
(c) a copy of other proceedings necessary to support the complaints against the judgment;
(d) grounds of appeal which prima facie show good cause why the appeal should be heard;
(e) where leave has been refused by the Court below, a copy of the order refusing leave; and
(f) a written address in support of the application.
(2) When time is so enlarged a copy of the order granting such enlargement of time shall be annexed to the Notice of Appeal.
Order 4 Rule 7 Supreme Court Rules 2024 – Notice of Appeal after leave
Where leave to appeal is granted by the Court or the Court below or time is extended by the operation of these Rules, the Appellant shall file a Notice of Appeal at the Court below, the order and notice shall be exhibited as part of the Record of Appeal.
Order 4 Rule 8 Supreme Court Rules 2024 – Refusal by Court below
Where an application has been refused by the Court below, an application for a similar purpose may be made to the Court within twenty-one (21) days after the date of the refusal.
Order 4 Rule 9 Supreme Court Rules 2024 – Application where first made
Wherever under the Rules an application may be made either to the Court below or to the Court it shall not be made in the first instance to the Court except where there are exceptional circumstances which make it impossible or impracticable to apply to the Court below.
Order 4 Rule 10 Supreme Court Rules 2024 – Appeal from concurrent findings
Where, in an appeal to the Court from the Court below, the Court below has affirmed the findings of fact of the Court of first instance, any application to the Court in pursuance of its jurisdiction under section 233(3) of the Constitution for leave to appeal shall be granted only in exceptional circumstances.
Order 4 Rule 11 Supreme Court Rules 2024 – Invitation of amici curiae
Where in any proceedings or at any stage of the hearing of any cause or matter, a question arises concerning the validity or constitutionality of any enactment or other law, the Court may. if it considers that it is necessary and expedient so to do, invite the Attorney-General of the Federation, the Attorney-General of the appropriate State or any other Legal Practitioner to attend the hearing of such cause or matter for the purpose of presenting arguments on such issues of validity oi constitutionality.
Order 4 Rule 12 Supreme Court Rules 2024 – Notice of non-contention (Form 2)
(1) Without prejudice to the powers of the Court to hear oral arguments, an application may be considered and determined by the Court in chambers.
(2) The Respondent shall file a notice of non-contention within fourteen (14) days of service of the application on him where he does not intend to contest the application.
Order 4 Rule 13 Supreme Court Rules 2024 – Filing of preliminary objection (Form 3)
(1) A Respondent intending to rely upon a preliminary objection at the hearing of the appeal shall give the Appellant not less than five (5) clear days’ notice thereof before the hearing, setting out the grounds of objection, and shall file such notice with eleven (11) physical copies and an electronic copy thereof with the Registry within the same time. The preliminary objection shall be argued in the Respondent’s brief of argument.
Provided that where briefs have already been filed, a written address shall be filed with the notice of objection.
(2) Where the Respondent fails to comply with this Rule, the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the Respondent or may make such other order(s) as it deems appropriate.
Order 4 Rule 14 Supreme Court Rules 2024 – Application to strike out, etc
An application to strikeout or set aside for nor-compliance with these Rules, or for any other irregularity arising from the rules of practice and procedure in this Court, any proceedings or any step taken in any proceedings or any document, judgment or order therein shall only be entertained by the Court if it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
Order 4 Rule 15 Supreme Court Rules 2024 – No application for extension of time
(1) The lime provided by the Rules for filing any process shall be automatically extended in the first instance for the same period. In the second instance with payment of penalty for the time the applicant is in default but not exceeding the prescribed time. Thereafter, no application for extension of time shall be entertained except in an appeal against a death sentence.
Matters exempted from objection.
(2) No objection shall be taken to the hearing of an application or an appeal on the ground that the amount fixed by the Registrar of (he Court below tinder Order 5 Ruic 1(1) of these Rules was incorrectly assessed.
Order 4 Rule 16 Supreme Court Rules 2024 – Section 233(4) of the 1999 Constitution (as amended)
The Court may dispose of any application for leave to appeal from any decision of the Court below or any other tribunal in respect of any civil or criminal proceedings in which leave to appeal is necessary after consideration of the record of the proceedings if the Court is of the opinion that the interests of justice do not require an oral hearing of the application.
Order 4 Rule 17 Supreme Court Rules 2024 – Application of Order 4
Except as otherwise stated in this Order, or the context so admits, this Order shall apply to all mailers whether civil or criminal.
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