It is the settled position of the law that a court should not comment on or decide at preliminary stage matters or issues which are supposed to be decided in the substantive case. See: NWANKWO & ORS v YAR’ADUA & ORS (2010) LPELR-2109(SC), at page 71, paras. B-F, per Commassie, JSC; and OCHOLI ENOJO JAMES, SAN v INEC & ORS (2015) LPELR-24494(SC) at page 92, para. G, per Okoro, JSC.
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
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It is good law that an appellate court must examine and decide on all relevant issues in the appeal. That is what the Court of Appeal did and I cannot fault the court. This court cannot gag the Court of Appeal in the re-evaluation of evidence, as long as the court does that within the precinct or purview of the Record, and that is exactly what the court did; and so, a full stop.
— Niki Tobi JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003
The law is that once a preliminary objection succeeds in respect of some issues for determination in an appeal, there will be no need to go further to consider the arguments proffered on those issues formulated for determination which have been found to be infirmed and incompetent. See: Mosoba v. Abubakar (2005) 6 NWLR (Pt. 922) 460; NEPA v. Ango (2001) 15 NWLR (pt. 737) 627 at 645-6 46; Ralph Uwazurike and Ors v. Attorney General of the Federation (2007) 2 SCNJ 369 at p.380; B.A.S.F. Nig. Ltd v. Faith Enterprises Ltd (2010) 1 SCNJ 223 at P.249.
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
However, issue four which was partly distilled from grounds 6 and also from ground 7 and 8 should in my view be saved by the competent grounds 7 and 8 and is thus not liable to be struck out along with the incompetent ground 6. See Order 7 Rule 3 of the Court of Appeal Rules 2016. See also CBN and Anor v. Okojie and Ors (2002) LPELR – 836(SC).
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
It is settled law that issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta or be formulated in vacuo , as issue 5 in the instant case. – Onnoghen JSC. Chami v. UBA (2010)
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)
I think I ought to stress in the first place that it is the issues distilled from all appellant’s grounds of appeal that may be argued in the Court of Appeal or the Supreme Court and not the grounds of appeal.
– Iguh, JSC. Oshatoba v. Olujitan (2000)
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