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COURTS OF LAW HAS A DUTY TO PRONOUNCE ON ALL ISSUES RAISED

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The Apex Court had occasion to emphasize the essentiality of lower courts pronouncing on all issues properly raised before them. It held, in the case of C.N. Okpala & Sons Ltd v Nigerian Breweries PLC (2018) 9 NWLR Part 1623 Page 16 at 28 Para G-H per Okoro JSC, as follows: “In several decisions of this court, it has been repeatedly held that all lower courts, as a general rule, must pronounce on all issues properly placed before them for determination in order, apart from the issue of fair hearing, not to risk the possibility that the only issue or issues not pronounced upon are crucial, failure to pronounce on them will certainly lead to a miscarriage of justice. There is therefore need for every court or tribunal to make findings and pronounce on material and fundamental issues canvassed before it by the parties because failure to do so, as I said earlier, may result in a miscarriage of justice.”

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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PURPOSE OF FRAMING OF ISSUES

✓ In Unity Bank & Anor V. Edward Bonari (2008) 2 SCM 193 at 240, this court had opined thus: “It is now firmly settled that the purpose of reframing issue or issues is to lead to a more judicious and proper determination of an appeal. In other words, the purpose is to narrow the issue or issues in controversy in the interest of accuracy, clarity and brevity.” See also, Musa Sha (Jnr.) & Anor V. Da Ray Kwan & 4 ors (2000) 5 SCNJ 101 (2000) 8 NWLR (Pt 670) 685.

✓ In Sha V. Kwan (supra) at 705 this court has stated thus: “So long as it will not lead to injustice to the opposite side, appellate courts possess the power and in the interest of justice, to reject, modify or reframe any or all issues formulated by the parties…”

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APPEAL COURT MUST DECIDE ALL RELEVANT ISSUES WITHIN THE RECORD

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

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A PARTY CANNOT CANVASS ARGUMENT OUTSIDE OF ISSUES FRAMED

It is clear that both issues are confined to the competence of the plaintiffs/respondents to sue in the matter. As they do not extend to the competence of the defendants/appellants to defend the action, I shall not go there. This is because parties are, bound by the issues formulated in their briefs. In other words, a party cannot advance an argument outside the issue or issues formulated in the brief without leave of Court. This stems from the larger ambit of our adjectival law that parties are, bound by their briefs.

— Niki Tobi, JSC. Mozie & Ors. v. Mbamalu & Ors. (2006) – S.C.345/2001

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ANY QUESTION WHICH DOES NOT RESOLVE THE APPEAL ONE WAY OR THE OTHER IS NOT A PROPER ISSUE

It needs to be stressed that every point in controversy between the parties in an appeal is, in a loose sense, an issue. But for purposes of a brief, an issue is one, which is so crucial that if it is decided in favour of a party, he is entitled to win the appeal. Any question which does not adequately raise a substantial issue which if resolved one way or the other will affect the result of the appeal is not a proper issue for a brief. See Okoye v. Nigerian Construction and Furniture Co. Ltd. (1991) 6 N.W.L.R. (Pt. 199) 501 at 542.

— Edozie JSC. Cosm As Ezukwu v. Peter Ukachukwu Jude Ukachukwu (SC. 160/2000, 2 July 2004)

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PURPOSE OF ISSUE FORMULATION IN AN APPEAL

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

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WHEN FRESH ISSUE WILL NOT BE ENTERTAINED

The general rule, on fresh point or issue in this Court, is that it will not be entertained if this Court had not the benefit of the views of the Justices of the Court below: see FADIORA v. GBADEBO (1998) 3 SC 219; ENANG v. ADU (1981) 11 – 12 SC 25; ADEGOKE MOTORS v. ADESANYA (1989) 3 NWLR (Pt.109) 250, etc.

– Ejembi, JSC. GTB v. Innoson (2017) – SC.694/2014(R)

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