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A RESPONDENT CANNOT FRAME ISSUE OUTSIDE THE APPELLANT’S GROUNDS, EXCEPT CROSS-APPEAL

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My close study of 1st respondent’s brief shows that it is only the first issue that is covered by ground three of the appellant’s notice of appeal. Hence the second and third issues formulated by the 1st respondent do not arise from any of the grounds of appeal. A respondent who does not cross-appeal or file a respondent’s notice cannot frame issue outside the grounds of appeal filed by the appellant. Indeed, none of the last two issues for determination as formulated by the 1st respondent has any relevance to the grounds of appeal. In Atanda v. Ajani (1989) 3 NWLR (Pt. 111) 511 at 543-544 the Supreme Court per Nnaemeka –Agu, JSC held: “This court has stated a number of times that a respondent’s primary duty is to support the judgment appealed against by showing that the contentions of the appellant as to the grounds of errors are without merit. Also, as they have not cross-appealed, they cannot formulate issues as it were, in nubibus – hanging in the skies. They can only either adopt the issue as formulated by the appellants based on the grounds of appeal before court or, at best, recast them by giving them a slant favourable to the respondent’s point of view, but without departing from the complaint’s raised by the grounds of appeal.” See also Idika v. Erisi (1988) 2 NWLR (Pt. 78) 563, 579, 580.

— S. Galadima, JCA. Jadesimi & Anor. v. Egbe (2003)

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JUDGEMENT CONFINED TO ISSUE RAISED

It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings See: Ochonma v. Asirim Unosi (1965) NMLR 321. The court cannot grant remedies or reliefs not claimed by the parties. – Karibe-Whyte JSC. Awoniyi v. AMORC (2000)

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THE ISSUES ADOPTED BY THE APPELLANT IS TO BE ADOPTED

The issues formulated for determination of this appeal by the parties are similar. However, it is the appellant that is aggrieved by the decision of the lower Court. It is his grievances that are being addressed in this appeal. The respondents duty is to reply to those grievances. This being so, I will adopt the issues formulated by the appellant in the determination of this appeal.

— P.A. Galumje, JSC. Compact Manifold v Pazan Ltd. (2019) – SC.361/2017

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APPEALS ARE NOT WON BASED ON PROLIFERATION OF ISSUES

As is the practice, briefs were duly filed and exchanged. The 1st Appellant formulated eight issues for determination, the 2nd to 6th appellants, four and the 1st respondent, five. This Court and the Supreme Court have said it times without number that appeals are not won by the quantity of issues but by their quality. It is not by formulating large number of issues as it is in this case, that appeals are won. With respect, I do not see the place of eight issues in this appeal. They are prolix and repetitive. It is not my intention to reproduce the issues formulated by the parties.

— Niki Tobi, JCA. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)

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COURT REFORMULATING AN ISSUE MUST BE ROOTED IN THE GROUNDS OF APPEAL

It follows therefore, that when reformulating the issues crafted by the contending parties, as the issues in controversy, the Court of Appeal must ensure that such re-formulated issue(s) have foundation and are rooted in the grounds of appeal contained in the notice of appeal before it. The power of the Court of Appeal is limited to reformulating issues that are capable of addressing the grievance of an appellant, who has taken all necessary steps to ventilate his grievance against the decision of a trial court, the Court of appeal has no business engaging in crafting fancy and flowery issues for determination in the abstract, employing words that are catchy and tantalizing.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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SUPREME COURT CANNOT CONSIDER ISSUE WHICH LOWER COURT DID NOT CONSIDER

There is no averment to that effect in appellants’ statement of claim in the Court of trial, and the issue was not even raised on appeal. None of the Justices of the Court of Appeal referred the issue in their judgments. Since we have not the benefit of the opinion of the Court below on the issue, it is inappropriate for this Court to consider it. – See United Marketing Co. v. Kara (1963) 1 WLR. 523; Ahamath v Umma (1931) A.C. 799.

— Karibe-Whyte JSC. Okoye v Dumez & Ors. (1985) – SC.89/1984

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ISSUE REFORMULATED BY COURT MUST BE ROOTED IN THE GROUNDS OF APPEAL

I have no doubt at all, that a court has the inherent power, in the interest of justice, to reject, modify or re-frame issues distilled for the determination of a case before it. However, the exercise of this power is not open ended or limitless, the issue so formulated must be rooted in the grounds of appeal, the Court must ensure that any issue so modified, or re-formulated comes within the ambit of the complaint contained in the grounds of appeal.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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