INTRODUCTION

Welcome to our Trial Procedures and Oral Submissions Library, a practical resource hub designed to assist legal practitioners, law students, and court advocates with guides and sample oral submissions commonly used in Nigerian courts.

This section provides carefully crafted trial procedure guides and samples of oral submissions for moving applications, opposing applications, bail submissions, allocutus, plea bargains, consent judgments, and more. Whether you are preparing for trial advocacy or need a reference for court proceedings, these templates serve as a helpful guide.

Each sample follows standard courtroom practice and reflects professional etiquette suitable for Magistrate, High Court, and appellate advocacy in Nigeria.

Disclaimer

The guidelines provided on this page are for general guidance, educational, and reference purposes only. They are not legal advice and should not be relied upon as a substitute for professional legal counsel tailored to specific facts or cases.

While every effort has been made to ensure accuracy and relevance, users are advised to adapt these samples to suit the peculiar facts of their cases, applicable court rules, and prevailing legal authorities. Amaka Eke & Co. accepts no liability for any reliance placed on these materials without appropriate legal consultation.

(1) STEP-BY-STEP GUIDE TO CIVIL PROCEEDINGS IN NIGERIA

(2) STEP-BY-STEP GUIDE TO CRIMINAL PROCEEDINGS IN NIGERIA

(3) STEP-BY-STEP GUIDE TO APPELLATE PRACTICE IN NIGERIA 

(4) MOTION, AFFIDAVIT, COUNTER-AFFIDAVIT, FURTHER AFFIDAVIT, WRTITEN ADDRESS AND REPLY ON POINTS OF LAW

(5)  NOTICE OF PRELIMINARY OBJECTION 

(6)  ADJOURNMENT

(7) DISMISSAL FOR LACK OF DILIGENT PROSECUTION

(8) WITHDRAWAL OR DISCONTINUANCE OF SUIT

(9) JUDGMENT ON ADMISSIONS

(10) FINAL WRITTEN ADDRESS

(11) CONSENT JUDGMENT

(12) ORAL APPLICATION FOR BAIL

(13) WRITTEN ADDRESS IN TRIAL-WITHIN-TRIAL

(14) NO-CASE SUBMISSION

(15) PLEA BARGAIN ADOPTION

(16)  ALLOCOTUS (PLEA OF LENIENCY)

(17) BRIEFS OF ARGUMENT

(18) NOTICE OF CONTENTION

(19) NOTICE OF PRELIMINARY OBJECTION AT THE COURT OF APPEAL/SUPREME COURT

A. Before the Witness Takes the Stand

(1) Ensure the witness is present in court.

(2) Confirm the processes are properly filed and served (Pleadings, Witness Statement on Oath, Documents to be relied on in the case, etc.).

(3) Ensure the opposing party has been served with a hearing notice and is present.

(4) Have a copy of the Witness Statement on Oath and every pleaded document available for sighting and identification.

B. Leading the Witness through Evidence-in-Chief (Adoption of Witness Statement on Oath)

Step 1: Formal Introduction

Question: Please introduce yourself to the Court.

(Let the witness state their full name, occupation, and address.)

Step 2: Laying the Foundation for Adoption

Question: Do you recall making a statement on oath in respect of this case?

Question: Can you tell the Court when you made that statement?

Question: If you see a copy of your statement, will you be able to identify it?

Question: How will you be able to identify the said document as the one you made?

(The witness should refer to their signature, date, or passport photograph)

Step 3: Identification of the Document

Apply to show the document to the witness and tell him to kindly look at the document. 

Question: Can you tell the Court if this is document which you signed?

Step 4: Adoption

Question: Do you wish to adopt this Witness Statement on Oath as your evidence in this case?

(The Court will record that the witness has adopted the statement as evidence-in-chief.)

C. Tendering Exhibits (If Applicable)

If there are documents attached to the witness statement:

Question: In paragraph 5 of your witness statement on oath, you made reference to a letter which you wrote to the defendant dated the 14th day of May 2025, is that correct?

Question: If you see a copy of this letter, will you be able to identify it?

Question: How will you be able to identify the said letter as the one you referred to?

Apply to show the document to the witness and tell him to kindly look at the document. 

Question: Can you tell the Court if this is letter you referred to in the said paragraph?

At this stage:

You will make an oral application to tender the document through the witness as exhibit. Opposing counsel will be invited to object or not object. The Court will rule on admissibility and mark the exhibit accordingly. Repeat  No. C to tender all the pleaded documents as exhibits.

After adoption and tendering of all exhibits:

Question: In conclusion, what will you like this Honourable Court to do for you?

(The witness should tell the Court that he wants all his reliefs to be granted.)

You will inform the Court that you have concluded your examination-in-chief of the witness.

D. Cross-Examination by Opposing Counsel

The Court will then invite opposing counsel to cross-examine the witness.

E. Re-Examination (If Necessary)

After cross-examination, the Court may allow re-examination to clarify issues raised during cross-examination.

F. Closing the Witness’ Evidence

Once re-examination (if any) is concluded, you will apply for the discharge of the witness and the Court will discharge the witness.

G. Repeat for Other Witnesses

The process is repeated for other witnesses until the party closes its case.

H. Continuation of Trial

The opposing party will open its case and go through the same procedure.

I. Closing of Case by Both Parties

Once all witnesses for a party have testified and been discharged, counsel formally announces the closure of their case (e.g., “My Lord, the Claimant hereby closes her case.”). The same procedure applies to the Defendant after presenting their own witnesses.

J. Filing and Adoption of Final Written Addresses

The Court will direct parties to file and exchange final written addresses within specified timelines. Each party presents legal arguments, summarizing the evidence and citing relevant authorities in support of their case. On the return date, counsel adopts their written addresses orally. The Court may permit brief oral submissions or highlight key issues.

K. Judgment

The Court fixes a date for judgment after the adoption of final addresses. On the scheduled date, the Court delivers its judgment, granting or refusing the reliefs sought, with reasons.

L. Right of Appeal

The Claimant or Defendant may appeal the judgment.

Key Reminders:

No leading questions in evidence-in-chief.

Focus on identification, confirmation, and adoption.

Allow the witness to speak in their own words.

Tender documents through the witness who refers to them.

Maintain courtroom decorum and follow the Court’s pace.

1. Arrest and Investigation

The suspect is arrested and investigated by the police or relevant agency. The suspect may be granted administrative bail or held in custody pending conclusion of investigation and arraignment (if applicable).

2. Filing of Charges / Information

Formal charges (charge sheet or information) are filed at a court with jurisdiction.

3. Arraignment Before Trial Court

Defendant is brought before the High Court or other trial court. Charge(s) are read. Defendant enters a plea: Guilty or Not Guilty.

If the Defendant pleads guilty: court usually convicts and proceeds to sentencing.

If not guilty, case proceeds to full trial.

4. Bail Application

If not already granted, bail may be applied for and determined based on judicial discretion.

5. Commencement of Trial

A. Prosecution Opens Its Case

B. Examination-in-Chief

Prosecution calls witnesses. Witnesses adopt their statements and tender documents.

6. Objection to Confessional Statement – Trial-Within-Trial Triggered (If Applicable)

If the defence objects to the admissibility of a confessional statement on the ground that it was not made voluntarily, the Court suspends the main trial and conducts a Trial-Within-Trial (Voir Dire).

Steps in Trial-Within-Trial:

Issue of voluntariness is raised during tendering of confession.

Court conducts a mini-trial (Trial-Within-Trial) solely to determine whether the confession was made voluntarily.

Parties call witnesses to prove or rebut voluntariness (e.g., investigating officer, accused person).

Final addresses are made, and Court delivers ruling.

If admitted, it is marked as an exhibit and the main trial resumes.

If rejected, the statement is excluded, and trial resumes without it.

7. Continuation of Prosecution’s Case

After resolution of the trial-within-trial (if any), the prosecution continues with its witnesses. Each witness is examined-in-chief, cross-examined, and re-examined (if needed).

8. Close of Prosecution’s Case

Prosecution formally closes its case.

9. No-Case Submission (Optional)

Defence may file a no-case submission if they believe no prima facie case has been made. If upheld, the Defendant is discharged. If overruled, the defence opens its case.

10. Defence Opens Case

Defence calls its witnesses. Witnesses are examined-in-chief, cross-examined, and re-examined (if necessary).

11. Close of Defence Case

Defence counsel announces closure of their case.

12. Final Written Addresses

Court directs parties to file and exchange written addresses. Counsel adopt addresses orally on the return date.

13. Judgment

The court delivers its decision:

Acquittal – if prosecution fails to prove its case beyond reasonable doubt.

Conviction – if court is satisfied with prosecution’s evidence.

14. Sentencing (If Convicted)

Defence makes allocutus (plea for mercy).

Court pronounces sentence: e.g., imprisonment, fine, death penalty (in capital offences), etc.

15. Right of Appeal

The accused or prosecution may appeal the conviction or sentence.

Special Notes:

A trial-within-trial is only concerned with the voluntariness of a confessional statement and is separate from the main trial.

The burden of proof in both the trial-within-trial and the main trial lies on the prosecution to prove both beyond reasonable doubt.

A. COURT OF APPEAL PRACTICE GUIDE

[Guided by Sections 240–248 of the 1999 Constitution, and the Court of Appeal Rules 2021] 

1. Determine Whether the Judgment is Appealable as of right

Appeals shall lie as of right under certain circumstances including the following:

• Final decisions in civil or criminal cases before the Federal High Court or a High Court sitting at first instance;

• Decisions in any Civil or Criminal Cases where the ground of appeal involves questions of law alone;

• Decisions in any civil or criminal proceedings on questions as to interpretation of the Constitution;

• Cases involving Breach of Chapter IV rights (fundamental rights);

• Decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death;

• Decisions made or given by the Federal High Court or a High Court (i) where the liberty of a person or the custody of an infact is concerned; or (ii) where an injunction or an appointment of a receiver is granted or refused; or (iii) in the case of a decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeance or otherwise; or (iv) in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability, and (v) in such other cases as may be prescribed by any law in force in Nigeria.

Appeals with leave are required in other situations (Section 242).

2. File a Notice of Appeal

Filed at the lower court’s registry.

Time limits (Section 24(2) of the Court of Appeal Act):

14 days – where the appeal is against an interlocutory decision in a civil cause or matter 

3 months – where the appeal is against a final decision in a civil cause or matter

90 days – where the appeal is against a final decision in a criminal cause or matter

Notice must contain:

Part of the decision of the lower court complained of

Grounds of appeal 

Particulars 

Reliefs sought

Persons directly affected by the appeal and their addresses

Signed by the Appellant or his Legal Practitioner.

3. Apply for Leave (If Required) (Order 6(1) & (7) of the Court of Appeal Rules):

By motion on notice before the lower Court or the Court of Appeal stating the Rule under which it is brought, the grounds for the reliefs sought and; shall be supported by the following:

An affidavit setting forth good and substantial reason(s) for the application;

a certified true copy (CTC) of the decision of the trial Court sought to be appealed against;

a copy of the proposed grounds of appeal; 

where leave has been refused by the lower Court, a copy of the order refusing leave; and

a written address in support of the application not exceeding 5  pages.

4. Compilation and Transmission of Record (Order 8(1) & (4) of the Court of Appeal Rules):

Registrar of the lower court must compile and transmit the record within 60 days of filing the Notice. Order 8 Rule 4 empowers the Appellant to take over the responsibility to compile and transmit the record within 30 days after the Registrar's default, where the Registrar defaults to carry out the compilation and transmission. This prevents dismissal for want of diligent prosecution.

The record includes:

Pleadings, proceedings, rulings/judgment, exhibits

5. Entry of Appeal (Order 4(10) & (11) of the Court of Appeal Rules):

Once transmitted and accepted, the appeal is entered. The lower court ceases jurisdiction.

6. File Appellant’s Brief of Argument

Must be filed within 45 days of receipt of Record of Appeal (Order 19 Rule 2).

Must include:

Address/Addresses for service

Issues arising in the appeal

Legal arguments with authorities

Concluded with a numbered summary of the points raised and the reasons upon which the argument is founded

Except with leave of court, shall not exceed thirty-five (35) pages

Shall be legible, well-bound, prepared in A4 paper size and the font shall be in either Arial, Times New Roman or Tahoma of 14 font size with at least 1.5 line spacing between

7. Respondent’s Brief

File within 30 days of receipt of Appellant’s Brief (Order 19 Rule 4).

Must include:

Address/Addresses for service

Answer all material points of substance contained in the Appellant's brief

Legal arguments with authorities

Concluded with a numbered summary of the points raised and the reasons upon which the argument is founded

Except with leave of court, shall not exceed thirty-five (35) pages

Shall be legible, well-bound, prepared in A4 paper size and the font shall be in either Arial, Times New Roman or Tacoma of 14 font size with at least 1.5 line spacing between

Respondent may include:

Respondent’s Notice of Contention (Order 9)

Notice of Preliminary Objection (Order 10)

8. Reply Brief (if necessary)

Appellant may file within 14 days of receipt of Respondent's brief (Order 19 Rule 5).

Must respond only to new points and points of preliminary objection or any challenge to the appeal raised and argued in the Respondent's brief.

Except with leave of court, shall not exceed fifteen (15) pages

Legal arguments with authorities

Concluded with a numbered summary of the points raised and the reasons upon which the argument is founded

Shall be legible, well-bound, prepared in A4 paper size and the font shall be in either Arial, Times New Roman or Tacoma of 14 font size with at least 1.5 line spacing between

9. Hearing

Parties adopt their briefs.

Court may allow oral clarification (Order 19 Rule 9 (1).

Appeal will be treated as having been duly argued when an appeal is called and there is evidence of service of hearing notice but a party or his Legal Practitioner does not appear to present oral argument even though briefs have been filed by all concerned parties in the appeal. (Order 19 Rule 9 (4).

The Respondent may apply for a dismissal of the appeal for want of prosecution where an Appellant fails to file his brief within time, a Respondent who did not file a brief shall not be heard in oral argument and an Appellant who fails to file a reply brief within time shall be deemed to have conceded all new points arising from the Respondent's brief. (Order 19 Rule 10 (1).

The Court may, suo motu, dismiss an appeal for want of prosecution where an Appellant fails to file his brief within time

Counsel must be ready to respond to bench queries from the Justices.

10. Judgment

Delivered after hearing.

May:

Allow appeal

Dismiss appeal

Substitute findings or order retrial

B. SUPREME COURT PRACTICE GUIDE

[Guided by Sections 230–236 of the 1999 Constitution and Supreme Court Rules 2024]

1. Determine Whether the Judgment is Appealable as of right

Appeals as of right (Section 233(2) includes:

• Decisions in any Civil or Criminal Cases before the Court of Appeal where the ground of appeal involves questions of law alone;

• Decisions in any civil or criminal proceedings on questions as to interpretation or application of the Constitution;

• Criminal or civil decisions involving Breach of Chapter IV rights (fundamental rights); 

• Decisions in any criminal proceedings in which the Court of Appeal has imposed or affirmed a sentence of death imposed by any other court;

• Decisions on any question (i) whether any person has been validly elected to the office of President or Vice-President under the Connstitution; or (ii) whether the office of President or Vice-President has ceased; or (iii) whether the office of President or Vice-President has become vacant; and (iv) such other cases as may be an Act of the National Assembly. 

  
  

Leave is required for all other issues not listed above (Section 233(3).

2. File Notice of Appeal

File physically or electronically at Court of Appeal registry.

Time limits (Section 27(2) of the Supreme Court Act):

14 days – where the appeal is against an interlocutory decision in a civil cause or matter 

3 months – where the appeal is against a final decision in a civil cause or matter

30 days – where the appeal is against a final decision in a criminal cause or matter

Required contents of the Notice (Supreme Court Rules Order 11 Rule (1):

Part of the decision complained of;

Grounds of appeal (clearly and specifically stated);

Reliefs sought;

Names, addresses, emails and telephone numbers  of all parties directly affected by the appeal.

Signed by the Appellant or his Legal Practitioner.

3. Apply for Leave (If Required) (Supreme Court Rules Order 4 Rules (1) &  6 (1):

Where required by Section 233(3), leave must be sought:

By motion on notice before the Court of Appeal or the Supreme Court stating the Rule under which it is brought, the grounds for the reliefs sought and; shall be supported by the following:

• An affidavit in support of the application;

• a certified true copy (CTC) of the decision of the trial Court;

• a certified true copy (CTC) of the judgment of the Court of Appeal from which it is intended to appeal;

• a copy of other proceedings necessary to support the complaints against the judgment;

• grounds of appeal which prima facie show good cause why the appeal should be heard;

• where leave has been refused by the Court below, a copy of the order refusing leave; and

•  a written address in support of the application not exceeding 10 pages.
  

4. Compilation and Transmission of the Record (Supreme Court Rules Order 6 Rule 2:

Registrar of the Court of Appeal is required to expeditiously prepare the Record of Appeal to the Supreme Court as soon as the Appellant has filed his Notice of Appeal in the Court below. Transmission must be done within 60 days of the filing of the Notice of Appeal.

Contents of the Record to be arranged in the order set out below:

• the index;

• 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;

• a physical and electronic copies of the documents and proceedings constituting the Record of Appeal before the Court below;

• a physical and electronic copy of the order for leave to appeal whether made by the Court or the Court below;

• a physical and electronic copy of the Notice of Appeal;

• a physical and electronic certificate by the Registrar of the Court below certifying that the Notice of Appeal was duly served upon the Respondent;

• 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;

• 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.
  

5. Entry of Appeal (Supreme Court Rules Order 7 Rule 2:

Once the record is received in the Registry of the Court within the time precribed by the Rules or within such other extended time as ordered by the Court. The Court of Appeal ceases jurisdiction on the matter.

6. File Appellant’s Brief of Argument (Order 16 Rule 2 (1).

Must be filed within 45 days of receipt of Record of Appeal

Must include:

Address/Addresses for service

Issues arising in the appeal

Legal arguments with authorities

Concluded with a numbered summary of the points raised and the reasons upon which the argument is founded

Except with leave of court, shall not exceed forty-five (45) pages

Shall be legible, well-bound, prepared in A4 paper size and the font shall be in either Arial, Times New Roman or Tahoma of 14 font size with at least 1.5 line spacing between

7. Respondent’s Brief

File within 30 days of receipt of Appellant’s Brief (Order 16 Rule 4 (1).

Must include:

Address/Addresses for service

Answer all material points of substance contained in the Appellant's brief

Issues arising in the appeal

Legal arguments with authorities

Concluded with a numbered summary of the points raised and the reasons upon which the argument is founded

Except with leave of court, shall not exceed thirty-five (35) pages

Shall be legible, well-bound, prepared in A4 paper size and the font shall be in either Arial, Times New Roman or Tacoma of 14 font size with at least 1.5 line spacing between

Respondent may include:

Notice of Preliminary Objection (Order 4 Rule 13)

8. Reply Brief (if necessary)

Appellant may file within 14 days of receipt of Respondent's brief (Order 16 Rule 5 (1).

Must respond only to new points and points of preliminary objection or any challenge to the appeal raised and argued in the Respondent's brief.

Except with leave of court, shall not exceed fifteen (15) pages

Legal arguments with authorities

Concluded with a numbered summary of the points raised and the reasons upon which the argument is founded

Shall be legible, well-bound, prepared in A4 paper size and the font shall be in either Arial, Times New Roman or Tahoma of 14 font size with at least 1.5 line spacing between

9. Hearing

Parties adopt their briefs.

Court may allow oral clarification only on points raised in briefs (Order 16 Rule 11).

Appeal will be treated as having been duly argued when an appeal is called but a party or his Legal Practitioner does not appear to present oral argument even though briefs have been filed by all concerned parties in the appeal. 

Where the Appellant has filed a Notice of Withdrawal of his appeal or has failed to file a brief within the period prescribed by the Rules, the Court upon the Registrar's certificate to that effect or upon the application of the Respondent, proceed to dismiss the appeal in chambers without hearing argument. (Order 16 Rule 9 (1) & (2).

10. Virtual Hearing (Order 18) 

Upon application by any of the parties or suo motu, the Court may conduct its proceedings virtually where it deems appropriate.

 

Virtual hearing shall be by means of any audiovisual platform approved by the Court and a link will be provided to enable the public to observe the virtual proceedings.

Where the Court adopts virtual hearing for any proceedings in an appeal, the Registrar shall notify the parties.

The Justices of the Court and Counsel appearing in the appeal shall be fully robed for the virtual hearing subject to the directions of the Court in exceptional circumstances.

All rules and practices on decorum and etiquette during physical hearing shall be observed by Counsel and parties during virtual hearing.

Cases for virtual hearing shall be stated in the cause list of the Court (manual or electronic) and shall be posted on the official website and Notice Board of the Court; and shall be communicated to the parties either by e-mail or any other electronic means, as the Court may direct.

It shall be the duty of the Court to give directives on the conduct of virtual hearing in any appeal which shall be in accordance with any relevant law, the Rules of Court and any Practice Direction made pursuant to these Rules.

The Chief Justice may periodically issue Practice Directions for the regulation of virtual hearing.

11. Judgment (Order 20)

Delivered in the open Court or at a virtual hearing either on the day the suit or appea was heard or at any subsequent time.

Final and Binding.

May:

Allow appeal

Dismiss appeal

Substitute findings or order retrial

C. TRINITY PRAYERS IN APPELLATE PRACTICE

Meaning and Purpose

“Trinity Prayers” refer to a consolidated set of three procedural reliefs typically sought in a single motion when a party intends to regularize an appeal that is out of time. It is most common in situations where an appeal was not filed within the constitutionally or statutorily prescribed time and there is a need to restore the Appellant’s right of appeal.

This practice is recognized in both the Court of Appeal and the Supreme Court, and is crucial to curing procedural defects in filing an appeal outside the prescribed time.

The Three Components of Trinity Prayers

The motion usually seeks the following three reliefs:

 1. Extension of Time to Seek Leave to Appeal (if necessary)

• Applicable where the proposed grounds of appeal are on facts or mixed law and facts, or where the appeal is not as of right.

 • Based on Section 242 of the Constitution (for Court of Appeal), or Section 233(3) (for Supreme Court).

 

2. Leave to Appeal

• Where leave is required due to the nature of the grounds or the type of decision being appealed.

• Must be supported with a proposed Notice and Grounds of Appeal showing arguable grounds.

3. Extension of Time to File Notice of Appeal

• Seeks regularization where the statutory time to file the appeal has elapsed.

Requirements for Granting Trinity Prayers

To succeed in an application for trinity prayers, the applicant must:

• Show good and substantial reasons for the failure to appeal within time;

• Present arguable and meritorious grounds of appeal, even if ultimately they may not succeed;

• Exhibit:

• A copy of the judgment/ruling appealed from;

• Draft/proposed Notice of Appeal;

• Affidavit explaining the delay and deposing to facts supporting the grounds;

• Exhibits showing dates and efforts made to obtain judgment, where relevant.

Practical Tips

• File your trinity application promptly after the delay is discovered.

• Ensure proper service on all parties and attach all essential documents.

• Be ready to argue urgency and the interests of justice to overcome the delay.

• The Courts discourage laxity; any delay must be clearly and reasonably explained.

MOVING A MOTION 

My Lord, the Claimant/Applicant filed a motion on notice dated the 13th day of May 2025 and filed on the same date. Subject to the overriding convenience of the court, we are ready to move the said application.

The motion is brought pursuant to Order ……………….. of the Rules of this Honourable Court, and it is supported by a  ……………. paragraph affidavit deposed to by ………………. with 2 exhibits attached thereto duly marked as Exhibits 1 & 2 respectively, which I humbly adopt for the purposes of this application.

We have also filed a written address in line with the rules of this Honourable Court, and we respectfully rely on same as our oral submission in urging the Court to grant the reliefs sought in the interest of justice. May it please the Court.

ADOPTING A COUNTER-AFFIDAVIT

My Lord, in opposition to the Claimant/Applicant’s motion, we have filed a counter-affidavit of ………… paragraphs, deposed to by Defendant/Respondent himself on 14th day of May 2025, which I respectfully adopt as our evidence in opposition.

We have also filed a written address in support of our counter-affidavit, and we respectfully rely on the said address as our oral submission in urging this Honourable Court to refuse the application.

We submit that the Claimant/Applicant has not placed sufficient materials before this Honourable Court to warrant the exercise of discretion in his favour. The grounds upon which this application is predicated are fundamentally flawed, and we urge the Court to so hold by dismissing the application as lacking in merit. May it please my Lord.

ADOPTING A FURTHER AFFIDAVIT AND REPLY ON POINTS OF LAW (IF OPPOSED):

My Lord, in response to the counter-affidavit filed by the Defendant/Respondent, we have filed a further affidavit and a reply on points of law, which we equally adopt. We submit that the objections raised are misconceived and do not address the substance of our application.”

We once again urge Your Lordship to exercise Your discretion judicially and judiciously by granting the application as prayed. May the Court be pleased.

My Lord, we have filed and duly served a Notice of Preliminary Objection dated ................. and filed on ....................... challenging the competence of this suit and the jurisdiction of this Honourable Court to entertain same.

The objection is supported by a ............. paragraph affidavit deposed to by ................. on .................., which we respectfully place reliance on as our evidence in support of this objection.

We have also filed a written address in support of the objection, and we respectfully adopt same as our oral submission in urging the Court to uphold the objection.

My Lord, we submit that this suit is fundamentally incompetent and incurably defective for the reasons stated in our affidavit and written address. Accordingly, this Honourable Court lacks the jurisdiction to adjudicate upon the matter.

We therefore most humbly urge the Court to uphold our Preliminary Objection and strike out/dismiss the suit.

(IF REPLY IS FILED):

We have also filed a further affidvit and reply on points of law in response to the opposing party’s arguments, which we respectfully adopt in urging the Court to discountenance their submissions.

In the light of the foregoing, we respectfully urge the Court to sustain our objection and strike out/dismiss the matter as prayed. May it please Your Lordship.

My Lord, we respectfully apply for an adjournment in this matter. The application is necessitated by [briefly state the reason — e.g., the absence of a key witness, the need to respond to a newly served process, or other valid reason].

We assure the Court that this application is made in good faith and is not intended to delay the proceedings.

We therefore most humbly urge Your Lordship to graciously grant a short adjournment to enable us properly address the outstanding issues and proceed accordingly.

OPPOSING ADJOURNMENT

My Lord, we oppose the application for adjournment. This matter is slated for hearing today, and all necessary parties, including our witnesses, are present and ready to proceed.

The application for adjournment, with respect, lacks sufficient justification and appears calculated to delay the course of justice. My Lord, justice delayed is justice denied, and this Honourable Court is enjoined to ensure the speedy dispensation of justice in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended). 

Further delay will occasion undue hardship and prejudice to our client, who has diligently appeared before this Court and is desirous of the timely conclusion of this matter.

in support of our position, we refer to the case of ALOZIE V. RAYYANU (2023) LPELR-61435(CA)(Pp 21 - 23 Paras F - C) where it was hed that a Court is not bound to grant an adjournment.

We therefore most respectfully urge Your Lordship to refuse the application and direct that proceedings continue today.

My Lord, we respectfully apply for this suit to be dismissed for want of diligent prosecution.

Since the institution of this suit, the claimant has failed and/or neglected to take any meaningful steps to prosecute the case. Despite ample opportunity and several adjournments at their instance, they have refused to prosecute theiir claim.

The settled principle of law is that equity aids the vigilant, not the indolent. It is also trite that litigation must have an end. The claimant cannot keep the defendants perpetually in court. We urge this Honourable Court to dismiss the suit for want of diligent prosecution and for failure to comply with the directives of the Court.

We further pray for costs to be awarded in our favour to indemnify us for the needless expense occasioned by the claimant’s conduct.

May my Lord be pleased.

My Lord, we respectfully seek the leave of this Honourable Court to discontinue  this suit in view of the Claimant's reconsideration of the claim. This application is made pursuant to Order ....................... of the Rules of this Honourable Court. We humbly urge Your Lordship to grant this application and strike out the suit accordingly.

May it please this Honourable Court

OPPOSING AN APPLICATION FOR WITHDRAWAL OR DISCONTINUANCE

My Lord, we strongly oppose this application for withdrawal/discontinuance. This suit was instituted and prosecuted in a manner that has put the defendants through unnecessary litigation, expense, and hardship. The claimant’s sudden desire to discontinue, without more, amounts to an abuse of the process of this Honourable Court.

We respectfully submit that where a claimant’s conduct amounts to an abuse of court process, discontinuance ought not to be granted as of right. Alternatively, if the Court is minded to grant the application, we urge Your Lordship to do so with substantial costs in our favour to indemnify us for the inconvenience and expense occasioned by this abuse. We humbly so submit.

May it please your Lordship.

My Lord, we respectfully apply for judgment to be entered in favour of the claimant based on the clear and unequivocal admissions made by the defendant in their pleadings. By virtue of Order ...................... of the Rules of this Honourable Court, and the settled principle that facts admitted need no further proof, we urge Your Lordship to enter judgment accordingly. The essence of litigation is not to waste judicial time on what is admitted. We therefore humbly urge the Court to grant this application and enter judgment as prayed.

May it please the Court

OPPOSING AN APPLICATION FOR JUDGMENT ON ADMISSIONS

    

My Lord, we most respectfully oppose the application for judgment on admissions. The so-called admissions relied upon by learned counsel are either made in protest, or taken out of context. Under the settled position of the law, for judgment on admissions to be granted, such admissions must be clear, unequivocal, and unambiguous.

In the present case, the alleged admissions are, at best, contentious and subject to interpretation. Where there are triable issues, the matter must proceed to hearing and determination on the merits. We therefore urge Your Lordship to refuse this application and allow the trial to proceed.

May my Lord be pleased. 

My Lord, we have filed and duly served our Final Written Address dated ....................... and filed on .................................... With the kind permission of this Honourable Court, we respectfully adopt same as our oral argument in this matter.

We urge Your Lordship to resolve the issues raised in our favour and to find in our favour based on the evidence adduced and the applicable law. On the other hand, we respectfully submit that the case of the opposing party is without merit and has not been supported by credible evidence or legal authority. We urge the Court to so hold.

We are grateful for the opportunity to address the Court, and we most humbly urge Your Lordship to enter judgment accordingly. May your Lordship be pleased. 

REPLY ADDRESS

My Lord, we have also filed a Reply on Points of Law dated ......................, which we similarly adopt in urging the Court to reject the submissions of the opposing party that we have addressed therein.

My Lord, parties in this suit have amicably resolved their dispute and have executed Terms of Settlement dated .................. and filed before this Honourable Court on ..............................

With the kind permission of the Court, we respectfully urge Your Lordship to adopt the said Terms of Settlement as the Consent Judgment of this Honourable Court.

This will finally settle the issues in controversy between the parties and give effect to their mutual agreement in the interest of justice.

We most humbly so move.

After the Court Ruling 

We are grateful to Your Lordship for facilitating an amicable resolution of this matter and for entering the Terms of Settlement as Consent Judgment. May it Please the Court.

Your worship, I respectfully apply for the bail of the defendant/applicant in this matter, pursuant to the provisions of Sections 158, 162, and 163 of the Administration of Criminal Justice Act (ACJA), 2015, and under the inherent jurisdiction of this Honourable Court.

The applicant has been arraigned before this Honourable Court and has pleaded not guilty to the charge(s) preferred against him. Bail is not a bar to the continuation of the trial. The presumption of innocence enshrined in Section 36(5) of the 1999 Constitution (as amended) operates in the applicant’s favour.

Sir, the applicant is prepared to present credible sureties and comply with any conditions that this Honourable Court may impose. He is not a flight risk, has a known and verifiable address within the jurisdiction of this Court, poses no threat to the prosecution of this matter and will not interfere with witnesses or tamper with evidence.

Furthermore, the applicant has consistently made himself available to the authorities throughout the investigation and has undertaken to continue making himself available whenever required during the trial. In support of our position, I most humbly refer Your worship to the decision in Babarinde v. FRN & Anor (2025) LPELR-80450(CA) at pages 14 to 15, paragraphs D to A, where the Court held as follows:

"It is trite that the essence of bail is to secure the attendance in Court of the person accused to stand his trial. See the cases of Uduesegbe V. FRN (2014 LPELR-23191 (CA) P. 11, paras C-F and Nolan V. FRN (2020) LPELR-51424 (CA) PP. 12-13 paras D-B. Therefore, the most important factor to be considered by the Court in the determination of bail application is the availability of the defendant tostand his trial. Once this factor is satisfied the Court should grant bail unless there is cogent reason to do otherwise. See the cases of Peter V. FRN (2018) LPELR 43851 (CA) PP. 34-35, paras. E-C and Suleiman & Anor V. C. O.P. Plateau State (2008) LPELR-3126 (SC) PP. 20-26 paras C-B." Per ABDU DOGO, JCA

I therefore humbly urge this Honourable Court to exercise its discretion judicially and judiciously in granting the applicant bail on liberal terms, as the essence of bail is to ensure attendance at trial.

May it please the court.

FURTHER SUBMISSION WHERE THERE IS OPPOSITION

My Lord, the prosecution’s opposition is with respect unfounded. No credible evidence has been presented to justify denying the applicant his constitutional right to bail. The fears expressed are speculative. Conditions of bail can adequately secure the attendance of the applicant. We urge Your Lordship to discountenance the objection and grant bail on appropriate terms.

May it please your worship.

My Lord, pursuant to the order of this Honourable Court for a Trial-Within-Trial to determine the voluntariness or otherwise of the Defendant’s confessional statement, we have filed a Written Address dated ............. and filed on ..............................

With the kind permission of Your Lordship, we respectfully adopt the said Written Address as our oral submission in support of our position that the said statement was not voluntarily made and ought to be rejected in evidence.

We submit that the Prosecution has failed to discharge the burden of proving the voluntariness of the statement beyond reasonable doubt, as required by law. The evidence led during the Trial-Within-Trial is riddled with inconsistencies and lacks credibility to sustain the admissibility of the alleged confessional statement.

We therefore most humbly urge Your Lordship to hold that the statement was not voluntarily obtained and to expunge same from the record.

FURTHER SUBMISSION IF RESPONDING TO THE PROSECUTION'S WRITTEN ADDRESS

In response to the Prosecution’s Written Address, we respectfully submit that their arguments fail to address the fundamental defects in the process of obtaining the statement. The evidence clearly shows that the safeguards provided under the Administration of Criminal Justice Act were not complied with.

We are grateful to Your Lordship for the opportunity to address the Court and we respectfully urge the Court to reject the confessional statement as inadmissible.

My Lord, at the close of the Prosecution’s case, we respectfully submit that the Prosecution has failed to establish a prima facie case against the Defendant to warrant calling upon him to enter his defence.

Pursuant to the provisions of Section 302 of the Administration of Criminal Justice Act (ACJA), 2015, and the settled judicial authorities on no-case submissions, we respectfully urge Your Lordship to uphold our application and discharge the Defendant accordingly.

In support of this submission, we rely on the arguments canvassed in our written address dated ......................., which we respectfully adopt as our oral submission.

We submit that the evidence adduced by the Prosecution is manifestly insufficient, unreliable, and has failed to establish the essential elements of the offence charged. In the absence of credible evidence linking the Defendant to the alleged offence, it would be improper to call upon him to enter a defence.

We therefore most humbly urge Your Lordship to uphold the no-case submission and discharge the Defendant.

FURTHER SUBMISSION IF THE PROSECUTION OPPOSES THE NO-CASE SUBMISSION 

My Lord, in response to the Prosecution’s opposition, we submit that their arguments do not cure the evidential deficiencies already highlighted. The law is trite that where the Prosecution’s case is so weak that no reasonable tribunal can convict, the Court ought not to call upon the Defendant to enter a defence.

We are grateful to Your Lordship and humbly urge the Court to discharge the Defendant at this stage

May it please this Honourable Court.

My Lord, pursuant to the provisions of Section 270 of the Administration of Criminal Justice Act (ACJA), the Prosecution and the Defendant have entered into a Plea Bargain Agreement dated ............................. and duly executed by both parties.

With the kind permission of this Honourable Court, we respectfully urge Your Lordship to adopt the said Plea Bargain Agreement and enter it as the Judgment of the Court.

The Defendant has admitted guilt in respect of the amended charge, and the terms of the agreement reflect a just and fair resolution of the matter, balancing the interest of justice, restitution, and public policy. We further urge Your Lordship to exercise discretion in favour of a non-custodial sentence, as provided in the agreement, considering the Defendant’s cooperation and remorse.

We humbly urge Your Lordship to pronounce judgment in accordance with the terms of the Plea Bargain Agreement.

My Lord, following the conviction of the Defendant, we humbly crave the indulgence of this Honourable Court to exercise leniency in sentencing.

The Defendant is a first-time offender who has shown genuine remorse for his actions. He has cooperated fully with the authorities throughout the investigation and trial, and has not wasted the Court’s precious time.

Sir, the Defendant is (mention mitigating factors: e.g., a family man, the breadwinner, has dependents, is of advanced age, has health challenges, etc.), and he has never been involved in any criminal activity before this unfortunate incident.

We most humbly urge Your Lordship to consider the option of a non-custodial sentence, or in the alternative, to impose the lightest sentence permissible in the circumstances, as this would serve the ends of justice and also give the Defendant a chance at rehabilitation. We also respectfully submit that if the Court is inclined, the Defendant is willing to make restitution and/or pay any fines as may be imposed by this Honourable Court.

We are guided by the principle that punishment should be reformative rather than purely punitive, especially for first-time offenders who have shown remorse.

We thank Your Lordship for the opportunity to address the Court in allocutus.

My Lords, we have filed and duly served our Brief of Argument dated ............... and filed on ................., in compliance with the Rules of this Honourable Court.

With the kind permission of Your Lordships, we respectfully adopt the said Brief as our oral submission in this appeal.

We rely on the issues formulated and the arguments canvassed therein, and we humbly urge Your Lordships to resolve the issues in our favour and allow or dismiss this appeal as the case may be.

IF A REPLY BRIEF WAS FILED 

My Lords, we have also filed a Reply Brief dated .................., which we similarly adopt in response to the Respondent’s Brief, and we urge the Court to discountenance the arguments raised therein as addressed in our Reply.

May your Lordships be pleased. 

My Lords, we have filed and duly served a Respondent’s Notice of Contention dated ........................... and filed on ............................., in compliance with the Rules of this Honourable Court.

With the kind permission of Your Lordships, we respectfully adopt the said Notice of Contention and the accompanying arguments as our oral submission in support of the Judgment of the lower court.

While the judgment was given in our favour, we submit that it ought to be affirmed on additional or alternative grounds as stated in our Notice of Contention.

We are grateful to Your Lordships for the opportunity to address the Court, and we respectfully urge that the appeal be dismissed while affirming the judgment on the additional grounds raised in our Notice of Contention.

My Lords, pursuant to Order ................... of the Rules of this Honourable Court, we have filed and duly served a Notice of Preliminary Objection dated ................., setting out the grounds upon which we challenge the competence of this appeal and the jurisdiction of this Honourable Court to entertain same.

In compliance with the Rules, we have also filed the requisite hard copies and electronic version of the objection.

With the kind permission of Your Lordships, we respectfully move the said Preliminary Objection and adopt the accompanying arguments as contained in our Respondent’s Brief of Argument, wherein the objection has been fully canvassed.

We humbly submit that the appeal is incurably defective and ought to be struck out/dismissed for the reasons advanced in our Brief of Argument.

We therefore urge Your Lordships to uphold our Preliminary Objection and strike out/dismiss the appeal accordingly. 

We are grateful to Your Lordships.