Background
This case centers on an appeal by Intercontinental Bank Plc against a decision by the Court of Appeal in relation to the locus standi of Olam (Nigeria) Ltd. The Supreme Court convened to determine whether the appellant could introduce new issues at this advanced stage in the proceedings.
Issues
The primary issue under consideration was whether the appellant had presented substantial grounds to warrant the introduction of fresh evidence on appeal. Specifically, the court had to decide if it would allow the appellant to raise issues that were not previously addressed in either the trial court or the Court of Appeal.
Ruling on Fresh Issues
The court cited established precedents regarding the propriety of introducing new issues in an appeal. It adhered to the principle that while generally an appellant is barred from raising issues not considered at trial, exceptions occur if substantial legal questions arise that affect justice. Most critically, the court determined this had bearing on the appeal's substantive legality, given the respondent’s claim of existence as a distinct legal entity.
Court Findings
The Supreme Court, in a unanimous decision, held that the appellant was granted leave to introduce the new points as they relate to valid questions of law, specifically regarding the locus standi of the respondent. The court noted that these were significant enough that they warranted examination to avert a miscarriage of justice. It was reasoned that existing evidence was adequate to address the new issues without further submissions from the parties, and so the objection by the respondent was dismissed.
Conclusion
The Supreme Court concluded that granting the motion would not prejudice the respondent’s rights. As such, the application by the appellant to raise new points was approved. This included extending the timeline to file and serve the appellant’s brief, allowing matters of law regarding locus standi to remain under judicial scrutiny.
Significance
This ruling sets a significant precedent regarding the flexibility that courts may exercise in permitting new issues to be raised on appeal, especially on points of law affecting a court's jurisdiction—reminding litigants of the court's primary responsibility to ensure justice prevails over procedural strictures. The application of section 36(6) of the Constitution of the Federal Republic of Nigeria was crucial in guiding this outcome.