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)
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“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
There is however an aspect which offends against the provisions of our Constitution relating to the guaranteed freedom of association. There is no ground of appeal before us by the appellant or a cross-appeal by the respondent covering this point. However, the issue was canvassed in the court below. Unfortunately, the court below expressed no opinion on it. This Court can in exercise of its powers under Section 22 of the Supreme Court Act, Cap. 424 decide the issue.
– Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989
Counsel appeared to have worked on the misapprehension that every possible slip raises an issue. The result is that he framed too many issues -nine, for six grounds of appeal. This appears to be a reversal of the usual practice whereby one or two or more grounds raise an issue one ground can never properly raise more than one issue. It must, however, be borne in mind that an “issue” in an appeal must be a proposition of law or fact so cogent, weighty and compelling that a decision on it in favour of a party to the appeal will entitle him to the judgment of the court. This is why, apart from the fact that multiplicity of issues tends to reduce most of them to trifles, experience shows that most appeals are won on a few cogent and substantial issues, well-framed, researched and presented rather than on numerous trifling slips.
— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985
Issues for determination are formulated’ and not supposed to be argumentative’ as formulated. The parties are expected to coin their issues for determination as precise as possible with professional elegance and brevity but without sacrificing its essential messages. By practice, issues formulated are different from issues argued or arguments on issues. Arguments or analogies on issues formulated are not to be contained in the issues so formulated. Arguments and analogies are to be supplied separately to amplify on the issues so formulated. The Respondents’ Counsel is found inadequate in this regard for formulating convoluted issues for determination at pages 7-8 of the Respondents’ Brief.
— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006
This approach is in keeping with the advice often given by this Court that where a Court is not the final Court on the subject matter, it should endeavour to proffer an opinion on all the issues submitted to it so that the appellate Court would have the benefit of the Court’s reasoning in the event that it does not agree with the position of the Court on the issue of competence, jurisdiction, locus standi, etc.
— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014
Ordinarily, any issue formulated from an incompetent ground of appeal is itself incompetent and must be struck out. Issues are the important questions formulated for determination by the court and could be distilled from more than one ground of appeal. See; Sunday Madagwa V. The State (1988) 12 SC (Pt. 1) 68 at 76 … Generally, issues are not meant to be formulated on each ground of appeal but raised or distilled out of a combination of the essential complaints of the appellant in the grounds of appeal. Therefore, issues must necessarily relate to facts or law decided by the court whose decision is appealed against. In other words, it is ideal to distill or formulate an issue from more than one ground of appeal but where this is not done or it is impossible, just only one issue may be raised from one ground of appeal. Therefore, a valid Notice of Appeal with one ground of appeal and a single issue for determination is sufficient to sustain an appeal … There is no doubt that it is now an established practice that an appeal is decided upon the issues raised or formulated for determination of the court. In effect, when issues for determination are formulated, the grounds of appeal upon which they are based or from which the issues are formulated become extinguished or expired. The argument of the appeal is then based on the issues so formulated but not on the grounds.
— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002
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