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AN ARGUMENT IS PERFECTED WHEN LEGAL AUTHORITY IS PROVIDED TO BACK IT UP

Dictum

And so by his judgment quoted above, the learned trial Judge repeated the same position. While the learned trial Judge did not cite any case in his Abuja Federal High Court Ruling, he did so in his judgment as chairman of the Tribunal. And that case is Komolafe v. Omole (supra). And so he perfected his legal argument on the issue that INEC has no power to foist on a party a candidate.

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

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AFTER FRAMING ISSUES, ARGUMENTS RAISED SHOULD BE BASED ON THE ISSUES

The issues, as framed, appeared to have served no purpose whatsoever in the appeal. For after framing the nine issues, Counsel went back to argue his grounds of appeal one after another. He made no further reference to the issues framed, in his argument. The proper practice is, of course, that after framing the issues, the statement of facts and the argument to follow should be based on, and be referable to the issues as framed and not to the grounds of appeal. This is the only way whereby counsel can derive maximum benefit from his brief.

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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What is the argument on the other side? – Lord Denning

What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still while the rest of the world goes on, and that will be bad for both.

– Lord Denning in Packer v Packer [1953] 2 All ER 127

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