APPEAL – FRESH POINT(S) ON APPEAL – Instance(s) where an application for leave to raise fresh points on appeal will be refused


“In the same vein, an appellate Court before which a new point is sought to be canvassed will refuse to grant leave to do so where the fresh point raised introduces a new line of defence completely different from the issues fought by the parties in the Court below. An appellant will also not be allowed to raise on appeal, a fresh point or question, which was not raised or tried or considered by the trial Court, particularly where to raise such a point or question will require fresh or additional evidence to be adduced. See per Augie JSC in Awusa v. Nigerian Army (2018) LPELR – 44377 (SC).” Per AJI, J.S.C.  in ISMAILA KIWO v. THE STATE (2020- LCER-39167-SC) at p. 38

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