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.