Order 5 Court Of Appeal Rules 2021

Order 5 of the Court of Appeal Rules 2021 is about References as to Constitution and Reserved Point of Law. It contains the following rules:

Order 5 Rule 1 Court of Appeal Rules 2021 – Stating a Case (Forms 1 and 2)

When a lower court refers any question as to the interpretation of the Constitution under the relevant provisions of the Constitution, or reserves any question of law for the consideration of the Court in accordance with any written law, the lower court referring or reserving the question of law, as the case may be, shall state a case in Form 1 or 2 in the First Schedule to these Rules, whichever may be appropriate, and the Registrar of the lower court shall forward ten copies directly to the Registrar.

Order 5 Rule 2 Court of Appeal Rules 2021 – Signature of Case stated

(a) When the lower court making an application consists of three or more Judges, the case shall be stated on behalf of the lower court by a majority of those Judges.

(b) Where a question is referred or reserved by the lower court, the question shall be signed by all or by a majority of the Judges of the lower court referring or reserving the question.

Order 5 Rule 3 Court of Appeal Rules 2021 – Contents of Case Stated

(a) A case stated under this Order shall be divided into paragraphs contents of which as near as may be, shall be confined to distinct portions of the subject case stated whether facts, point of law or document and every paragraph shall be numbered serially.

(b) It shall state such of the findings of fact as are necessary to explain the question on which the decision of the Court is sought except where in a criminal matter, the question is whether there is any evidence to support any decision, or whether the evidence for the prosecution disclosed a case for the accused person to answer, it shall not contain a statement of the evidence.

(c) It shall also state the contentions of the patties, the opinion or decision (if any) of the Court stating the case and the questions of law for the determination of the Court.

(d) In cases to which section 305 of the Administration of Criminal Justice Act, 2015 (or similar provision in any State law) applies, the case shall state whether the hearing has been adjourned or the verdict has been postponed or sentence has been passed and whether the person accused or convicted has been committed to prison or admitted to bail.

Order 5 Rule 4 Court of Appeal Rules 2021 – 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 any case stated under this Order-
(a) the parties to the proceedings in which the question of law arose;

(b) in any case stated involving a substantial question of law as to the validity of any law enacted by the National Assembly, the Attorney-General of the Federation; and
(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 purport to be in force.

(2) The following persons may by leave of the Court, appear in person or by a Legal Practitioner at the hearing of any case stated on the reference to the Court of any question as to the interpretation of the Constitution or any section of the Constitution pertaining to a State as the case may be-
(a) where he is not entitled to appear as of right under sub-rule (l) (b) of this Rule, the Attorney-General of the Federation; and
(b) the Attorney-General of the State.

(3) The Registrar shall forward to the Attorney-General of the Federation or of a State, as the case may be, a copy of any case stated to which this Rule applies. Any other person who is entitled as of right to appear, and any person who may appear by leave of the Court, may obtain a copy of the case stated from the Registrar of the lower court on payment of such fee as may be prescribed.