Order 10 Supreme Court Rules

Order 10 of the Supreme Court Rules 2024 is about References as to the Constitution and Reserved Points of Law. It contains the following rules:

Order 10 Rule 1 Supreme Court Rules 2024 – Stating a case (Forms 18, 19 and 20)

Where a question with regards to the interpretation or application of the Constitution is referred to the Court, the Court below shall state a case in the Forms in the First Schedule to these Rules, whichever may be appropriate and the Registrar of the Court below shall forward ten (10) hard copies and an electronic copy thereof to the Registrar.

Order 10 Rule 2 Supreme Court Rules 2024 – Documents to accompany case stated

(1) The case stated shall comply with the requirements prescribed under Rule 3 of this Order and shall be bound together with the following documents, that is to say:

(2) In the case of an appeal in civil proceedings
(a) the originating process or other documents by which the proceedings were commenced in the Court of trial;
(b) the pleadings or amended pleadings as the case may be (if any);
(c) any other document or proceedings relevant to the question on which the decision of the Court is sought;
(d) the judgment or decision or order of the Court or tribunal from which the appeal came to the Court below; and
(e) the opinion of the Court below delivered in accordance with Rule 3 of this Order.

(3) In the case of an appeal in criminal proceedings:
(a) the charge in the Conn of trial in so far as the same is relevant to the subject matter of the proceedings on appeal; and
(b) the documents containing the matters mentioned under subparagraphs (c), (d) and (e) of sub-rule 2 (2) of this Rule.

Order 10 Rule 3 Supreme Court Rules 2024 – Form of case stated

(1) A case stated under this Order (hereafter referred to in this Rule as “the case”) shall be divided into paragraphs, which, as near as may be, shall be confined to distinct portions of the subject and every paragraph shall be numbered consecutively.

(2) The case shall state
(a) the question(s) of interpretation or application of the Constitution on which the decision of the Court is sought;
(b) the findings of facts, as determined by the Court below, which are necessary and relevant to explain the questions referred for the decision of the Court;
(c) the contentions of each of the parties on such question or questions; and
(d) the opinion of the Justices of the Court below on such question or questions.

Order 10 Rule 4 Supreme Court Rules 2024 – Right of audience

(1) Subject to the provisions of this Rule, the following persons shall be entitled as of right to appear in person or by a Legal Practitioner at the hearing of the case:
(a) the parties to the proceeding in which the question referred arose;
(b) where the case involves the validity or constitutionality of a law within the competence of the Federal Government, the Attorney-General of the Federation;
(c) where the case involves the validity or constitutionality of a law within the competence of a State, the Attorney-General of the particular State where the law is or purports to be in force.

(2) Where the Attorney General of the Federation or the Attorney-General of a State is not entitled to appear as of right under sub-rule (1) of this Rule, the Court may of its own motion or otherwise, grant leave to either of them to appear personally or by a Legal Practitioner for the purpose of presenting arguments to the Court on the case.

(3) Any person who is entitled to appear as of right or by leave of the Court may obtain a copy of the case stated from the Registrar and shall be entitled to present argument to the Court on the issue of the validity or constitutionality of the law in question.

Order 10 Rule 5 Supreme Court Rules 2024 – Brief of argument

(1) The provision of Order 16 of these Rules relating to the filing of briefs in civil and criminal appeals shall apply to proceedings relating to a case stated under this Order so however that each of the parties shall be deemed to be an Appellant and the bound physical and electronic record of the case shall be deemed to be the Record of Appeal and each party shall file the brief in support of his argument accordingly.

(2) A person granted leave to appear pursuant to sub-rule (2) of Rule 4 of this Order may also be required to file a brief unless the Court otherwise directs, and the Registrar of the Court shall supply such a person with copies of the Record of Appeal together with the briefs.

Order 10 Rule 6 Supreme Court Rules 2024 – Dispute on facts determined by the Court below

Where a party disputes the determination of the Court below on any material issue of fact contained in the case stated for the opinion of the Court and has duly appealed against such determination, the Court shall adjourn the consideration of the case stated until after the hearing and decision in the appeal.

Order 10 Rule 7 Supreme Court Rules 2024 – Address on case stated

The order of address on case staled shall be determined by the Court in respect of every such case and unless the Court calls upon any Counsel to address it a second time, every Counsel shall be limited io one address only.