PURPOSE OF OMNIBUS GROUND OF APPEAL

An omnibus ground of appeal is therefore designed to allow a complaint on evaluation of evidence and it encompasses complaint of improper evaluation of evidence. It implies that the judgment of the trial court cannot be supported by the weight of the evidence adduced by the successful party which the trial judge either wrongly accepted or that the inference drawn or conclusion reached by the trial Judge based on the accepted evidence cannot be justified. An omnibus ground of appeal also implies that there is no evidence which if accepted would support the findings of the trial judge.

– Ogwuegbu JSC. Ajibona v. Kolawole (1996)

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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 OF APPEAL MUST ARISE FROM THE JUDGEMENT

In Bello v Aruwa (1999) 8 NWLR (Pt.615) 454 it was held that grounds of appeal are not formulated in abstract. They must arise from the judgment in the same way as the issues arise from the grounds of appeal. And however meritorious a ground of appeal may be, it must be connected with the controversy between the parties at the trial court.

In Abiola v Abacha (1997) 6 NWLR (pt.509) 413 it was held that the grounds of appeal must stem from the decision of the court below.

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A VAGUE GROUND OF APPEAL IS INCOMPETENT

I have taken a calm look at ground 6 and considered the submissions of counsel to the respective parties and it does appear to me that though the law is that a ground of appeal should not be considered in isolation of its particulars in order to understand its purports, yet it is also the law that a ground of appeal which defies understanding or is not particularized or indeed contains irrelevant particulars is simply a vague ground of appeal and thus incompetent. See 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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NO NEED TO APPEAL SPECIFIC FINDINGS WHEN WHOLE DECISION HAS BEEN APPEALED

It has been argued by the respondent’s counsel that the appellant did not appeal against this finding and some other findings made by the learned trial Judge, I must say that she was not given a fair hearing and has appealed against the whole judgment and does not need to appeal against everything said or every observation made by the learned trial Judge.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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GROUND WILL BE STRUCK OUT WHERE NO ISSUE ARISES THEREFROM

The law is that in the absence of any issue(s) being so formulated from the grounds, the said grounds of appeal are deemed abandoned and liable to be struck out. I therefore hold that grounds 1,3 and 5 having been abandoned by the appellants are hereby struck out.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

NOT MORE THAN ONE ISSUE FROM A GROUND OF APPEAL

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PURPOSE OF OMNIBUS GROUND OF APPEAL

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WHEN IS A GROUND OF APPEAL SAID TO BE VAGUE

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GROUNDS OF APPEAL MUST ARISE FROM THE JUDGEMENT

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A VAGUE GROUND OF APPEAL IS INCOMPETENT

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NO NEED TO APPEAL SPECIFIC FINDINGS WHEN WHOLE DECISION HAS BEEN APPEALED

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GROUND WILL BE STRUCK OUT WHERE NO ISSUE ARISES THEREFROM

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