Thesis Abstract

Abstract
The notion of appeal in the Nigerian judicial system serves as a fundamental mechanism for ensuring justice and fairness in legal proceedings. This research project focuses on the case study of Oredoyin v. Orawole to explore the concept of appeal within the Nigerian legal framework. The case study involves a dispute between two parties and the subsequent appellate process that ensued. By analyzing this case, the research aims to shed light on the significance of appeal in addressing legal grievances and upholding the rule of law. The Nigerian judicial system provides for appeal as a means for parties dissatisfied with a court decision to seek redress and have the decision reviewed by a higher court. The appellate process is crucial in rectifying errors, ensuring due process, and maintaining the integrity of the legal system. Through a detailed examination of the Oredoyin v. Orawole case, this research delves into the various stages of the appellate process, including filing an appeal, presenting arguments, and receiving a judgment. Moreover, the research project explores the role of appellate courts in scrutinizing lower court decisions, interpreting laws, and setting legal precedents. By examining how the appellate court handled the Oredoyin v. Orawole case, this study aims to elucidate the standards of review applied by appellate courts in Nigeria and the factors considered in overturning or affirming lower court decisions. Additionally, the research examines the implications of the appellate process on the parties involved, legal practitioners, and the overall administration of justice. Furthermore, the study investigates the procedural requirements, timelines, and legal considerations relevant to the appellate process in Nigeria. Understanding the intricacies of filing an appeal, drafting legal submissions, and presenting arguments before an appellate court is essential for legal practitioners and litigants seeking to navigate the appellate system effectively. By analyzing the Oredoyin v. Orawole case, this research project provides valuable insights into the practical aspects of pursuing an appeal in the Nigerian judicial system. In conclusion, the research project on the appeal in the Nigerian judicial system, using the case study of Oredoyin v. Orawole, offers a comprehensive analysis of the appellate process, its significance in upholding justice, and the implications for legal practice in Nigeria. By examining the nuances of the appellate system through a real-world case study, this research contributes to a deeper understanding of the role of appeal in the Nigerian legal landscape.

Thesis Overview

INTRODUCTION1.1 Background of the Study In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law[1]. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century[2]. Nigerian legal system is essentially a colonial heritage which springs from British colonial rule in Nigeria. Undoubtedly, it is for this reason that Nigeria’s legal system is patterned after the British legal system. However, there is a fundamental difference between Britain and Nigeria in relation to political organization of the state; while Britain adopted the unitary system of government wherein powers of government are legitimately concentrated at the centre, Nigeria adopted federal system of government by which governmental powers are constitutionally shared between the central government and federating entities.[1] See generally, Keenan D. Kmiec, The Origin & Current Meanings of "Judicial Activism", 92 Cal. L. Rev. 1441, 1442 (2004) (discussing contemporary discourse regarding judicial activism); Jonathan Mallamud, Prospective Limitation and the Rights of the Accused, 56 Iowa L.Rev. 321, 359 (1970) ("the power of the courts to contribute to the growth of the law in keeping with the demands of society”); Realist Jurisprudence & Prospective Overruling, 109 U. Pa. L. Rev. 1, 6 (1960) (discussing appeals as -a deliberate and conscious technique of judicial lawmaking”).[2] Stan Keillor, Should Minnesota Recognize A State Constitutional Right to A Criminal Appeal?, 36 Hamline L. Rev. 399, 402 (2013).