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DUTY OF AN APPELLATE COURT TO EITHER ADOPT, REFRAME OR FORMULATE NEW ISSUES IN THE DETERMINATION OF AN APPEAL

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Dictum

“In Considering the issues for determination in an appeal formulated in the briefs of argument of the parties, an appellate court can, either adopt or reframe or even formulate new issues, in the determination of the appeal. This is the law as enunciated in the case of FRN V. Ogbegolu (2006) 18 NWLR (PT. 1010) P. 188 @ 225 where it was held that, after examining the issues for determination, it is the duty of an appellate court to either adopt those in the briefs of argument or formulate new ones which he believes would determined the real complaint or grievances of the appellant. See also Adaku Vs Ajeh (1994) 5 NWLR (PT. 346) P. 582 and Ikegwuha V. Ohawuchin (1996) 3 NWLR (PT. 435) P. 146.”

— I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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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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ISSUE MUST FLOW FROM GROUND OF APPEAL

‘The law is that, an issue for determination must flow from and be supported by a ground of appeal. see Jimoh Garuba v. Isiaka Yahaya (2007) 1 SCNJ 352; Khaled Chami v. UBA Plc (2010) 2 SCNJ 23 at P.36.’

— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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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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COURT OF APPEAL SHOULD CONSIDER ALL ISSUES

It is trite law that an appeal court must consider all issues for determination raised before it except where it is of the view that a consideration of one or more issues is enough to dispose of the appeal. In such a situation, the court may adopt such issues as may dispose of the appeal and may not be bound to consider all the other Issues he considers irrelevant and unnecessary.

— M.A. Danjuma JCA. Folorunsho Ogboja v. Access Bank Plc (CA/AK/38/2013, 18 MAY 2015)

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LEAVE MUST BE SOUGHT TO RAISE NEW ISSUE NOT CANVASSED AT THE LOWER COURT

Both parties right at the trial court through to the court below, only canvassed arguments on issue of boundary and not on the root of title from which the plaintiff claimed ownership of the disputed land. Ground No. 3 is therefore a new issue as it was not dealt with by the courts below and by the parties or canvassed by the parties in the two courts. In its judgment, the lower court found that the only issue fought by the parties at the trial court was that of boundary or demarcation of the land between the parties . The third ground of appeal filed by the appellant which introduced the issue of root of title is therefore a new issue which could only be introduced by the appellants with leave of this court since it was never raised at the two lower courts. The preliminary objection therefore succeeds with regard to the third ground of appeal only.

— Sanusi JCA. Ikeleve Daagir Ityavkase Ikyereve V. Joseph Kwaghkar (CA/J/45/97, 15 November 2004)

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COURT OF APPEAL CONSIDERS ISSUE, IN THE CASE IT IS OVERRULED BY THE SUPREME COURT

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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