THE TRINITY PRAYERS: WHEN TO BE MADE BY WORSHIPPERS IN THE TEMPLE OF JUSTICE AND THE LEGAL GOD THAT ANSWERS.

BY

NSINEM BOB ESSIET

Abstract:

The Trinity Prayers, also known as the tripod prayer rule, is an application made by appellant(s) at the Court of Appeal for the leave of court to appeal and an extension of time to appeal. This article explores the rationale for the Trinity Prayers and the conditions that must be satisfied for the application to succeed. The research problem addressed is the need to understand the requirements and considerations for successfully obtaining the Trinity Prayers at the Court of Appeal. The aim is to provide clarity on the process and conditions for making the Trinity Prayers.  

Keywords: Trinity Prayers, Court of Appeal, extension of time, leave to appeal, discretionary powers, legal applications.

Introduction:

The term “Trinity Prayers” in its ecclesiastical flavor would ascend as incense of prayer to “God the father, son and holy spirit”. However, the trinity prayers as used in this context is riddled with statutory and legal flavour. Trinity Prayers also known as the “tripod rule or three legged prayers” is an application which is necessary when the leave of the Appeal Court is sought for extension of time to appeal as well as for the application to be granted after the expiration of the prescribed time provided for the appeal. This prayers are governed by the Constitution of the Federal Republic of Nigeria 1999, the Court of Appeal Act and Rules of the Court of Appeal.

Application for the Trinity Prayers

If an intending appellant requires the leave of court to appeal and in addition also requires an extension of time to appeal because the prescribed time for filing the appeal has lapsed, he must bring an application at the Court of Appeal for the prayers known as the "Trinity Prayer". (See Section 243 (a) (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)). Where an appellant can appeal as of right, he needs no trinity prayers but only application for extension of time. The court in the case of Jimoh v. Min.,F.C.T. (2019) 5 NWLR (Pt. 1664) 66 Paras E-F. stated that an applicant seeking for grant of trinity prayers must file a Motion on Notice at the Court of Appeal, supported by an affidavit and a written address seeking the Trinity prayers as follows:

1. Extension of time to seek leave to appeal.

2. Leave to appeal.

3. Extension of time within which to file appeal.

In order to persuade the Court of Appeal to grant the prayers, the applicant should show in his attached affidavit a good reason for the delay in filing the appeal. He should also show good cause why the appeal should be heard. In Re Williams (2001) 9 NWLR (pt. 718) 329 at 342 para F.

the court stated that it is sufficient if the grounds of appeal are arguable and not frivolous and for them to show prima facie good cause why the appeal should be heard. In the same vein, the Court of Appeal in Wheels and Brakes Ltd v Odo (2013) JELR 51337 (CA)  per Akomolafe Wilson (JCA) held that:

“By the provisions of Order 7 Rules 1 and 10 of the Court of Appeal Rules 2011, an application for extension of time must satisfy two conditions which go hand in hand:

a. An affidavit setting good and substantial reasons for the applicant's failure to appeal within the time stipulated by law;

b. Grounds of appeal which prima facie show good cause why the appeal should be heard.” 

The applicant need not show that his grounds of appeal must succeed on appeal. He is only to show that they are arguable. Both factors in (a) and (b) must co-exist for the application to succeed. (See Ngere v. Okuruket XIV (2014) 11 NWLR (pt. 1417) 147,176; Yesufu v. Co-operative Bank Ltd (1089) 3 NWLR (110) 483). The depositions in the affidavit in support of the application are therefore of the utmost importance. It is the affidavit that will contain the facts to convince the court to grant the application. In Wheels and Brakes Ltd (Supra), where the requisite twin conditions were fulfilled by the applicants, their application for extension of time within which to file their appeal was granted. The Court held that an application for extension of time requires the exercise of the discretionary powers of the Court; and like every other discretionary power, it must be exercised judicially and judiciously.

The Legal god that Answers 

Just like in Christendom where prayers are directed to God and answers are expected from him, the trinity prayers are made to the Court of Appeal, not the lower court. This is predicated on the fact that only the Court of Appeal can extend time within which an appellant can appeal. See Order 6 Rule 9 (1&2) Court of Appeal Rules, 2016; Section 25 of the Court of Appeal Act. This makes the Court of Appeal the legal god since it has the right to receive and answer prayers (in form of ruling) from applicants. It is sacrosanct to reiterate that the tripod prayer applies only when an appeal requires leave and time to appeal has lapsed. It is inappropriate and meaningless when an appeal lies as of right.

Rationale for the Trinity Prayer

In Ibrahim v Balogun (1999) 14 NWLR (Pt. 610) 254, the court explained the rationale for the trinity prayer. It stated that the rule that allows an applicant for extension of time to combine all the three prayers in one motion paper stemmed from the need to combine in one application what would require two or more applications. It is a rule contrived to save time by short circuiting the long process of getting a result and it posits that an application must unite in one application.

The principle that there must be a union of three prayers for the validity of an application for enlargement of time within which to appeal is applicable only when such application is combined with application for leave to appeal. So, where an appeal requires leave of court and time within which to lodge the appeal has also expired, the intending applicant must, in seeking leave to appeal also ask for a prayer for extension of time within which to apply for leave and leave to appeal. If any of the prayers is absent where required, then, the application would be fundamentally defective. This is because leave to appeal is an integral part of the application before the court and is indispensable to the application of the rule. Odofin v. Agu (1992) 3 NWLR (Pt. 229) 350; Deen-Mark Construction Co. Ltd. v. Abiola (2002) 3 NWLR (Pt. 754) 418.

Conclusion

From the foregoing, it is glaring that the Trinity Prayers is a crucial legal application at the Court of Appeal for seeking leave to appeal and an extension of time to appeal. Applicants must fulfill specific conditions for its success, including filing a Motion on Notice supported by an affidavit and a written address. The Trinity Prayers are significant when the leave of the Appeal Court is sought for extension of time to appeal. The Court of Appeal holds the discretionary power to grant the Trinity Prayers, akin to a legal god that receives and answers these prayers through rulings. The Trinity Prayer combines the three prayers of extension of time, leave to appeal, and extension of time to file the appeal in one application, playing a vital role in the legal framework of appeals at the Court of Appeal.