Supreme Court Rules on Appeal Deletion Without Leave

On December 12, 2025, the Supreme Court of Nigeria, presided over by justices including Helen Moronkeji Ogunwumiju and Adamu Jauro, addressed the issue of unilateral deletion of a party in an appeal without prior leave. The case involved an appeal concerning the ownership of shares held by the Federal Government of Nigeria in Nigercem PLC.

The appellant sought to determine their entitlement to the shares after the sale was canceled. The trial court dismissed the appeal, leading to the appellant's appeal to the Court of Appeal, which upheld the trial court's decision.

The Supreme Court found that the appeal was incompetent due to the failure to maintain parties from the trial court and the absence of a cross-appeal. The apex court emphasized that the record did not reflect an oral application to strike out the second respondent, leading to the dismissal of the appeal.

The court ultimately upheld the preliminary objection raised by the first respondent.