Order 6 Supreme Court Rules

Order 6 of the Supreme Court Rules 2024 is about Record of Appeal in Civil and Criminal Proceedings. It contains the following rules:

Order 6 Rule 1 Supreme Court Rules 2024 – Appeal to which this Order applies

(1) The provisions of Rules 2, 3 and 4 of this Order shall apply to appeals to the Court from final decisions of the Court below in civil and criminal cases other than decisions on appeal to that Court from interlocutory decisions of a High Court.

Certain appeals
(2) The provisions of Rules 6 and 7 of this Order shall apply to any decision of the Court below in respect of-
(a) an interlocutory decision made by it;
(b) a decision made by it on appeal from an interlocutory decision of a High Court;
(c) a decision made by it affirming or reversing an order for summary judgment; or
(d) a decision made by it in cases –
(i) where the liberty of a person or the custody of an infant is concerned,
(ii) where an injunction or the appointment of a receiver is granted or refused.
(iii) relating to or connected with the winding-up of companies,
(iv) of a decree nisi in a matrimonial cause,
(v) affecting the revenue of the Government of the Federation or of a State; and
(e) such other cases as the Court in its discretion may direct.

Order 6 Rule 2 Supreme Court Rules 2024 – Preparation of the record (Forms 4 and 5)

(1) As soon as an Appellant has filed his Notice of Appeal in the Court below, the Registrar of that Court (in the case io which Rules 6 and 7 of this Order apply) shall, expeditiously prepare the record in accordance with the provisions of this Order.

(2) The record shall contain the following documents in the order set out
(a) the index;
(b) a statement by the Registrar of the Court below giving brief particulars of the case and including a schedule of the fees paid in that Court;
(c) physical and electronic copies of the documents and proceedings constituting the Record of Appeal before the Court below;
(d) a physical and electronic copy of the order for leave, to appeal whether made by the Court or the Court below:
(e) a physical and electronic copy of the Notice of Appeal;
(f) a physical and electronic certificate by the Registrar of the Court below certifying that the Notice of Appeal was duly served upon the Respondent:
(g) a physical and electronic certificate by the Registrar of the Court below certifying that the Appellant has duly and punctually complied with the conditions of appeal imposed upon him; and
(h) a physical and electronic certificate by the Registrar of the Court below certifying that the Appellant and the Respondent have either collected their copies of the record respectively or that they have been duly notified that such record is ready for collection.

(3) In respect of the documents and proceedings referred to in paragraphs (c) and (d) of sub-rule (2) of this rule, it shall not be necessary for the record of appeal to contain any documents which the Appellant with the consent of the Respondent considers should be excluded.
Provided that whenever such document has been included on the insistence of the Respondent, the Registrar of the Court below shall make a note to that effect.

(4) It shall not be necessary to copy the notes or minutes of the proceedings taken by every Justice on the panel of the. Court below and the notes or minutes signed by the Presiding Justice shall be deemed to be the proceedings of the Court below.

(5) It shall not be necessary for copies of individual documents to be separately certified, but the Registrar of (he Court below shall certify as correct each copy of the record transmitted by him in accordance with these Rules.

Order 6 Rule 3 Supreme Court Rules 2024 – Fees for preparing the record and security for costs (Form 6)

(1) When the Appellant or his agent files his Notice of Appeal, he shall be informed of the amount assessed by the Registrar of the Court below as the cost of the preparation and transmission of the record to the Court and (in the case of civil appeals) as the amount of security for costs and the due prosecution of the appeal.

(2) The Appellant shall within a period of not more than fourteen (14) day s pay the amount so assessed and deposit the amount prescribed as security for costs and the due prosecution of the appeal or in lieu thereof give security by bond with one or more sureties to the satisfaction of the Registrar:

Provided that –
(a) the amount of such security shall not exceed twice the costs awarded in favour of the successful parry by the Court below; and
(b) no deposit or security shall be required where the deposit would be payable by the Government of the Federation or of a State, by any Government department or agency by a Local Government, or by a corporation directly established by a law enacted by the legislature of the Federation or of a State.

(3) The Appellant shall within such time as the Registrar of the Court below directs, deposit with him a sum fixed to cover the estimated expense of making up and forwarding the record of appeal calculated al the full cost of one copy for the Appellant and one-tenth cost for each of the ten (10) copies for the use of the Court.

(4) The Court may, where necessary, require security for costs or for performance of the orders to be made on appeal, in addition to the sum determined under this Rule.

(5) Twenty-one (21) days after filing a Notice of Appeal or before the transmission of the Records of Appeal (whichever is earlier), the Appellant shall file evidence showing that all sums, by way of costs, the Appellant had been ordered to pay to the Respondent have been paid into an escrow account in a commercial bank in the name of the Chief Registrar. The Appellant shall forward the Certificate of Compliance to the Registrar of the Court below for inclusion in the Records, and if the Appellant compiles the Records himself, the Certificate of Compliance duly verified by the Registrar of the Court below shall form part of the Records; failure of which shall be deemed as non- compliance with the condition for the appeal. The Court may in the circumstance, proceed to dismiss the appeal in chambers without hearing arguments in the appeal.

Order 6 Rule 4 Supreme Court Rules 2024 – Transmission of the record (Form 7)

(1) The Registrar of the Court below shall within a period of not more than three (3) months from the date of the filing of the Notice of Appeal transmit the physical and electronic record when ready together with –
(a) a physical and electron c certificate of service of the Notice of Appeal;
(b) a physical and electronic certificate that the conditions imposed under this Order have been fulfilled;
(c) ten physical and electronic copies of the record for the use of the Justices:
(d) the docket or file of the case in the Court below and the Court of first instance containing all papers or documents filed by the parties in connection therewith, to the Registrar of the Court; and
(e) a physical and electronic certificate indicating the date of service of records on the parties.

Form 7
(2) The Registrar of the Court below shall also cause to be served on all parties mentioned in the Notice of /Appeal who have filed an address for service a notice that the record has been forwarded to the Registrar of the Court who shall in due course, enter the appeal in the cause list.

Order 6 Rule 5 Supreme Court Rules 2024 – Departure from Rules 2, 3 and 4

(1) The Court may in any case in which it considers it necessary or expedient so to do in the interest of justice, or in any case in which it makes an order for accelerated hearing of the appeal, direct a departure from Rules 2, 3 and 4 of this Order.

(2) Where a direction for such departure is made by the Court, the provisions of Rules 6 and 7 of this Order shall apply to the appeal notwithstanding the fact that it is an appeal of the type mentioned in sub-rule (2) of Rule 1 of this Order.

Provided that the Court may give further or other directions for the purpose of procuring a record for (he hearing and determination of the appeal.

Order 6 Rule 6 Supreme Court Rules 2024 – Record in certain appeals

It shall not be necessary for the Registrar of the Court below to prepare a record in respect of an appeal of the type mentioned in sub-rule (2) of Rule 1 of this Order unless the Court otherwise directs, and accordingly, the record for the purpose of such appeal shall be prepared in the manner set forth in Rule 7 of this Order.

Order 6 Rule 7 Supreme Court Rules 2024 – Mandatory compilation by appellant in certain appeals

(1) Where at the expiration of thirty (30) days after the filing of the Notice of Appeal and following notification by the Appellant, the Registrar has failed or neglected to compile and transmit the Record of Appeal in accordance with the preceding provisions of this Order, it shall become mandatory for the Appellant to compile the Record of all documents and exhibits necessary for his appeal, encrypt and transmit the Record of Appeal electronically to the Court through the official electronic mail address of the Registry of the Court, within thirty (30) days after the Registrar’s failure or neglect; with ten (10) physical copies of the Record of Appeal also transmitted to the Court.

(2) The Appellant shall, in appeals 10 which Rufe 1 sub-rule (2) of this Order applies, prepare for the use of the Justices a physical and electronic record comprising –
(a) the index;
(b) office copies of documents and proceedings which the Appellant considers relevant to the appeal; and
(c) a copy of the Notice of Appeal.

(3) If the Respondent considers that the documents and proceedings tiled by the Appellant are inaccurate or arc not sufficient for the purposes of Ihe appeal, he shall, within a period of seven (7) days after service on him of the record tiled by the Appellant, file any further or other documents that he wishes to be part of the Record.

(4) All documents filed by either party shall be verified by the affidavit of a person who has read them and compared them with authentic or certified true copies.

(5) In the case of the documents and proceedings mentioned in Rule 7 (2) (b) and (c) of this Order, the party filing them shall lodge certified true copies thereof with the Registrar of the Court within thirty (30) days.

Order 6 Rule 8 Supreme Court Rules 2024 – Distribution of record

(1) When the Registrar oi the Court below has complied with the requirements of Rule 4 of this Order, he shall deliver a physical and electronic copy of the record to the parties after receiving any fees that may be due or payable under the Second Schedule to these Rules.

Application of notice and grounds of appeals. Form 8.
(2) In respect of criminal appeals, the Registrar of the Court below shall forward a physical and electronic copy of the record to the Attorney-General or the Director of Public Prosecutions of the State from which the appeal emanates or to Ihe Attorney-General or the Director of Public Prosecutions of the Federation as the case may require.

Order 6 Rule 9 Supreme Court Rules 2024 – Production of documentary exhibits

(1) Subject as hereinafter provided each party- or the Registrar of the Court below shall immediately after an appeal has been entered in the Court, deliver to the Registrar of the Court all documents (being exhibits in the case which were tendered as exhibits at trial whether admitted or rejected) which are in his custody or were produced or put in by any party’ at the trial.

Production of non-documentary exhibits.
(2) Subject as hereinafter provided, each party’ to an appeal or the Registrar of the Court below, shall be prepared to produce at the hearing of the appeal, all exhibits (other than documents) which are in his custody or were produced or put in by him at the trial.

Order 6 Rule 10 Supreme Court Rules 2024 – Registrar’s directive where exhibits not produced

In case any party finds it difficult to comply with the provisions of Rule 9 of this Order, owing to the nature of documents or exhibits, or owing io its being in possession of a third party or for any reason, he may apply to the Registrar of the Court for directions.

Order 6 Rule 11 Supreme Court Rules 2024 – Directives of the Registrar in respect of exhibits

The Registrar of the Court below may, either on his own motion or upon application, give any direction as he deems fit, whether dispensing with the provisions of Rule 9, modifying its application in any way or securing compliance with it.

Order 6 Rule 12 Supreme Court Rules 2024 – Custody of exhibits

All original documents delivered to the Court under Rule 9, shall remain in the custody of the Court until the determination of the appeal:

Provided that the Court or Registrar may allow the return of any documents to any party pending hearing of the appeal and subject to such conditions as it/he may impose.