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NOT MORE THAN ONE ISSUE FROM A GROUND OF APPEAL

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It is inappropriate to distill more than one issue from one ground of appeal. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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grounds of appeal

COUNSEL SHOULD INDICATE WHAT GROUND AN ISSUE WAS RAISED FROM

As can be observed, the issues formulated in the Appellant’s brief are indicated to have distilled from grounds 2 and 8 of the Appellant’s Notice of Appeal while there is no indication by the Respondent’s Counsel, from which of the grounds of the appeal, since there is no cross appeal here or a Respondent’s notice, the additional issue was raised. The requirement of diligent of brief writing in the appellate Courts is that counsel should indicate from which grounds of an appeal every issue/s submitted for determination in an appeal, was/were distilled.

– Garba, JCA. Dunlop v. Gaslink (2018)

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WHEN IS A GROUND OF APPEAL SAID TO BE VAGUE

The case of Hassan v. Buhari and Ors., (2022) LPELR – 56677 (CA), where this Court per Abiru, JCA, explained what constitutes a vague ground of appeal, as follows: “Now, a ground of appeal is said to be vague and imprecise when it is couched in a manner which does not provide any explicit standard for its being understood or when what is stated is so uncertain that it is not susceptible of being understood. It may also be considered vague when the complaint is not defined in relation to the subject or it is not defined in relation to the subject or it is not particularized or the particulars are clearly irrelevant – Central Bank of Nigeria v. Okojie (2002) 8 NWLR (Pt. 768) 48, Governor, Ekiti State v. Osayomi (2005) 2 NWLR (Pt. 909) 67, Imam v. Sheriff (2005) 4 NWLR (Pt. 914) 80 and Nwabueze v. Nwora (2005) 8 NWLR (Pt. 926) 1. In other words, where the complaint in a ground of appeal is discernible vis-a-vis the judgment of a lower Court, the ground of appeal cannot be said to be vague or imprecise”.

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GROUNDS MUST BE FROM RATIO DECIDENDI

The law is trite that issues for determination must be distilled from the grounds of appeal, which must, in turn arise from the ratio decidendi of the decision appealed against. Black’s Law Dictionary (8th Edition) states clearly that the ratio decidendi of a case is the principle or rule of law upon which a court’s decision is founded. It is the reason for the decision or the reasoning, principle or ground upon which a case is decided. Put differently, the ratio decidendi of a decision can be clearly differentiated from the other parts of the decision referred to as obita dicta or obiter dictum, which simply means “something said in passing.” It is a judicial comment made while delivering a judicial opinion, but one that does not embody the decision of the court. See Oleksander & Ors v. Lonestar Drilling Company Limited & Anor (2015) LPELR-24614 (SC), (2015) 9 NWLR (Pt. 1464) 337; Daniel v. INEC (2015) LPELR – 24566 (SC); (2015) 9 NWLR (Pt. 1463) 113; Ajibola v. Ajadi (2004) 14 NWLR (Pt. 892) 14.

— Okoro, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134

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WHEN GROUNDS OF APPEAL ARE ONE OF LAW

In NNPC v. FAMFA OIL LTD. (2012) 17 N.W.L.R. (Part 1328) S.C. 148, this Court, while faced with a similar objection to the grounds of appeal, went ahead to deal extensively with the criteria for identifying when a ground of appeal is one of law, of fact, or of mixed fact and law. Rhodes-Vivours J.S.C., at Pp. 175 – 176, Paragraphs C – H, as follows: “…. In Nwadike v. Ibekwe (Supra), this Court explained further that: (a) It is an error in law if the adjudicating Tribunal took into account some wrong criteria in reaching its conclusion. (b) Several issues that can be raised on legal interpretation of deeds, documents, terms of arts and inference drawn there from are grounds of law. (c) Where a ground deals merely with a matter of inference, even if it be inference of fact, a ground framed from such is a ground of law. (d) Where a tribunal states the law in point wrongly, it commits an error in law. (e) Where the complaint is that there was no evidence or no admissible evidence upon which a finding or decision was based, same is regarded as a ground of law. (f) If a Judge considers matters which are not before him and relies on them for the exercise of his discretion, he will be exercising same on wrong principles and this will be a question of law…..”

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ISSUES FOR DETERMINATION MUST BE FORMULATED FROM GROUNDS OF APPEAL

For issues for determination formulated by the respondent to be valid, they must be distilled from the grounds of appeal. In the instant case, as the respondents’ re-formulated issues are not shown to be tied to any of the grounds of appeal filed by the appellant they are discountenanced. [Ondo State University v. Folayan (1994) 7 NWLR (Pt.354) 1; Federal College of Education v. Anyanwu (1997) 4 NWLR (Pt.501) 533 at 560 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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ISSUE MUST BE DISTILLED FROM GROUND OF APPEAL

The settled law is that an issue formulated for determination must be distilled from a ground of appeal, and where it has no ground of appeal to relate to, then it has no part to play in the determination of the appeal, and so the appellate court has no option than to disregard the said issue. Issue (1) in the appellant’s brief of argument also becomes incompetent and it is discountenanced.

– Mukhtar JSC. Nwankwo v. Ecumenical (2007)

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