As settled on the authorities, the function of a reply brief is to refute the new arguments in the respondent's brief, that is, a reply brief is usually filed in response to new issues raised in the respondents brief. Sakati v Bako and Anor (2015) LPELR -24739 (SC) 25, Godsgift v State (supra); Unity Bank Plc v Bouari (2008) LPELR -3411 (SC) 29 -30; B-C; Cameroon Airlines v. Otutulzu (2001) LPELR -827 (SC) 40 -41; C-A; Longe v FBN Plc [2010] 2-3 SC 61; Mozie and Ors v. Mbamalu and Ors (2006) LPELR -1922 (SC) 22; A-C.
Although it is not mandatory for an appellant to file a reply brief. However, where a respondents brief raises a point of law not covered in his (appellants) brief, he (appellant) ought to file a reply (brief). Indeed, where he fails to do so (that is, fails to file a reply brief) without an oral reply to the points raised in the respondent's brief, he may be deemed to have conceded to the points of law or issues so raised in the respondent's brief.
The cases on this point are many: they are legion. Only one or two may be cited here, Godsgift v State (supra); Longe v FBN Plc (Supra); Harka Air Services (Nig) Ltd v. Keazor (2011) 6-7 (Pt. II) 1; Dairo v Union Banks (2007) 7 SCNJ 13; Mini Lodge Ltd v. Ngei and Anor (2009) LPELR-1877 (SC) 48; C-F; A.C.B v. Apugo (1995) 6 NWLR (Pt. 399) 65 E.I.I.A v. C.I E Ltd (2006 ) 4 NWLR (Pt. 969) 119: Popoola v. Adeyemo (1992) 8 NWLR (Pt. 257) 1; Akinrinmade v Lawal [1996] 2 NWLR (pt 429) 218; Musaconi Ltd v Aspinall (2013) LPELR-20745 (SC) 21-22.
This is totally unacceptable because as I said: "a reply brief is not a repair kit to put right any lacuna or error in Appellants Brief" – Mozie V. Mbamalu (supra).
A reply brief is not the forum for the Appellant to strengthen his main Brief by repeating or expanding the arguments contained therein; not to mention the introduction of fresh arguments that should have been made in the main brief. In effect, a reply brief does not open the door for the Appellant to take a second bite at the cherry; he will not be permitted to do so.
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