APPEAL IN NIGERIAN JUDICIAL SYSTEM (A CASE STUDY OF OREDOYIN V. ORAWOLE)

Project Abstract

The concept of appeal in the Nigerian judicial system is a crucial aspect of ensuring justice and fairness in legal proceedings. This research project focuses on the case study of Oredoyin v. Orawole to analyze the intricacies and implications of the appeal process in Nigeria. The study delves into the legal framework governing appeals, examining the relevant laws, rules, and procedures that guide the appellate process. Through a detailed analysis of the Oredoyin v. Orawole case, this research explores the grounds for appeal, the role of appellate courts, and the principles of appellate jurisdiction in Nigeria. By examining the facts and arguments presented in the case, the study sheds light on the challenges and complexities involved in appealing a court decision in the Nigerian legal system. Furthermore, the research project investigates the significance of the Oredoyin v. Orawole case in shaping the jurisprudence surrounding appeals in Nigeria. By analyzing the court's reasoning and decision-making process, the study aims to provide insights into the factors that influence appellate outcomes and the considerations that appellate courts take into account when reviewing lower court judgments. Moreover, the research project discusses the implications of the Oredoyin v. Orawole case on the development of Nigerian jurisprudence and the broader implications for the legal system. By examining how the case has influenced legal practice and precedent in Nigeria, the study seeks to contribute to a deeper understanding of the role of appeals in the Nigerian judicial system and their impact on the administration of justice. In conclusion, this research project offers a comprehensive analysis of the appeal process in the Nigerian judicial system through the case study of Oredoyin v. Orawole. By examining the legal principles, procedural rules, and practical implications of appeals in Nigeria, the study provides valuable insights into the complexities and challenges of the appellate process, as well as its significance in ensuring justice and upholding the rule of law in the Nigerian legal system.

Project Overview

INTRODUCTION

1.1 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).