However, as an intermediate Court and in the event that I am overruled in finding that the issue has been rendered academic having already ruled that latter case filed in 2015 is an abuse, I will proceed to consider the issue of statute bar.
— J.H. Sankey, JCA. Zangye v Tukura (2018) – CA/MK/175/2017
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The settled position of the law is that when an issue is not placed before the court for discourse, the Court has no business whatsoever delving into it and dealing with it. A court of law has no business whatsoever delving into issues that are not properly placed before it for resolution, a Court of law has no business being overgenerous and open-handed, dishing out unsolicited reliefs, a Court of law is neither father Christmas granting unsolicited reliefs, nor Knight errant looking for skirmishes all about the place, a Court of law as an impartial arbiter must confine its self to the reliefs sought and the issues before it submitted for resolution.
– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)
It is observed that the issues raised by each party reproduced supra are similar save for difference in couching language style. I will therefore adopt the Appellant’s issues as my guide in the determination of this appeal for the simple reason that he is the owner of the appeal.
— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12
It is necessary to emphasise the purpose of formulating issues for determination in briefs. Like pleadings to a litigation between the parties the issues formulated are intended to accentuate the real issues for determination before the Court. The grounds of appeal allege the complaints of errors of law, fact or mixed law and fact against the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed.
— Karibe-Whyte, JSC. Adebanjo v Olowosoga (1988) – SC 134/1986
In the case of Olafisoye v. FRN (2004) LPELR-2553 (SC), the Supreme Court per Tobi, JSC, held that: “An issue is the question in dispute between the parties necessary for the determination of the Court, see Chief Ejowhomu v. Edok-Eter Mandalis Limited (1986) 5 NWLR (Pt. 39) 1. An issue which is usually raised by way of a question is usually a proposition of law or fact in dispute between the parties, necessary for the determination by the Court; a determination of which will normally affect the result of the appeal. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt. 110) 417. Issues for determination of appeal, are short questions raised against one or more grounds of appeal and are meant to be a guide to the arguments and submission to be advanced in support of the grounds of appeal. It is a succinct and precise question either of law or of fact for determination by the Court, see Imonikhe v. The Attorney-General of Bendel State (1992) 6 NWLR (Pt. 311) 370. An issue is a disputed point or question to which parties in an action have narrowed their several allegations and upon which they are desirous of obtaining either decision of the Court on question of law, or of the Court on question of fact. See Chief Okoromaka v. Chief Odiri (1995) 7 NWLR (Pt. 408) 411”.
Let me take the first issue, which looks to me a double – barrelled one. I say this because it involves both adjectival law as well as substantive law.
— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89
It is trite that issues raised by parties ought to be considered and determined. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)
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