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OMNIBUS GROUND OF APPEAL REQUIRES LEAVE OF COURT

Dictum

It is also trite that an Omnibus Ground of appeal is a general ground of fact complaining against the totality of the evidence adduced at the trial, see IREJU NWOKIDU AND 3 ORS V MARK OKANU AND ANOR (2010) 1 SC (Pt. 1) 136, ODOEMENA NWAIGWE AND ORS V NZE EDWIN OKERE (2008) 5-6 SC (Pt. 11) 93. Put in another way, an Omnibus Ground of Appeal is a complaint on evaluation of evidence which encompasses a complaint that the trial Court failed to properly evaluate the evidence before the Court, see AJIBONA V KOLAWOLE (1996) 12 SCNJ 270.

— M.N. Oniyangi, JCA. Jos Met. Dev. v. Umealakei (2020) – CA/J/481/2019

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ISSUE MUST HAVE A GROUND OF APPEAL SUPPORTING IT

Issues for determination numbers (1), (3), (4) and (6) are based on no grounds of appeal at all or upon grounds 4 and 5 which had already been struck out. This should not be. Counsel will do well to remember that issues for determination must arise from and relate to the grounds of appeal filed, and no more. Conversely, any issue for determination which has no ground of appeal to support it is worse than useless: See on this Osinupebi v Saibu & ors. (1982) 7 S.C. 104 at pp. 110-111; also Western Steel Works Limited & Anor. v. Iron & Steel Workers Union of Nigeria (1987) 1N. W.L.R. (Part 49) 284, at p. 304.

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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SPECIFIC ISSUES CANNOT BE RAISED FROM AN OMNIBUS GROUND OF APPEAL

Dabo v. C.O.P.,Taraba State (2026) 7 NWLR (Pt. 2043) 577 at 590 — 591, D — F: ‘The rule on omnibus ground notwithstanding, an appellant who has specific issues on facts and law cannot ride on the wings of indolence in anchoring his appeal solely on the omnibus ground. In the case of Akinlagun & Ors. v. Oshoboja (2006) LPELR – 348(SC); (2006) 12 NWLR (Pt.993) 60, this court held that: “An omnibus ground of appeal is a general ground of fact complaining against the totality of the evidence adduced at the trial. It is not against a specific finding of fact or any document. It cannot be used to raise any issue of law or error in law. See Ajibona v. Kolawole (1996) 1 NWLR (Pt. 476) 22.”

Similarly, in the case of Saraki v. Kotoye (1990) LPELR -15503 (SC); (1990) 4 NWLR (Pt. 143) 144, this court held that “The ground which complains that the decision, cannot be supported having regard to the facts and circumstances of the case before the court is complete in itself. It is not vague and does not require particulars. It does not require particulars because the particulars or error are implicit; in the allegation of disregard to the facts and circumstances of the case before the court.“ Since the ground has no particulars, there is nothing specific to be raised separately. In the instant case, the notice of appeal to the lower court, is at pages 68 to 70 of the record of appeal. The sale ground of appeal is the omnibus ground. It was couched as follows: Ground of Appeal: The decision of the trial court is against the weight of evidence and upon receipt of the records of appeal, the appellants shall file and serve more grounds of appeal and their particulars. Then, the relief is at page 69 of the same record and it reads: “Reliefs sought from the court: 1. An order of this honourable court allowing the appeal and setting aside the judgment of the trial court awarding damages of N5,000,000 (FiveMillion Naira Only) against the appellant“. The relief sought from the court was specific. There, the appellant was praying for the judgment of the trial court awarding damages of N5,000,000 to be set aside. This is what the appellant before us is contending with before this court. It is obvious here that the appellants’ complaint, or what the appellants wanted to redress is the damages of N5,000,000. There is no ground of appeal before the lower court dealing with the specific fact or issue of the said damages. It is trite law that an appeal court dealing with the omnibus ground is limited to the appraisal of the total evidence and not on a finding or non-finding of a specific factor issue. Specific issues can only be raised by a substantive ground of appeal. See the case of Osolu v. Osolu (2003) LPELR – 2810(SC); (2003) 11 NWLR (Pt.832) 608. It follows therefore, that you cannot use omnibus ground to attack a specific finding in a case. In the instant case, the appellants in the notice of appeal filed at the lower court indicated expressly that the part of the decision he complained of was the award of N5,000,000 (Five Million Naira) damages but he failed to raise any ground of appeal to attack that specific issue of damages. The only ground of appeal they filed was the omnibus ground and they indicated that “upon the receipt of the records of appeal, the appellants shall file and serve more grounds of appeal and their particulars”. This, the appellants failed to do.’

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APPEALING FACTS IN DEATH SENTENCE IS OF RIGHT

The right of appellant to appeal as of right on the 4 grounds complaining on facts is secured by Section 233 (2) (d) of the Constitution, the Court of Appeal having affirmed his death sentence.

— E. Eko, JSC. Lawali v State (2019) – SC.272/2017

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ONLY ONE ISSUE CAN ARISE FROM A GROUND OF APPEAL

It should, however, be noted that, Appellant had distilled their Issue one from grounds 1, 2 and 5 of the Grounds of the Appeal, and thereafter, distilled the Issue 3 (which the Respondent attacked, mistaking it for Issue 4) from the same ground one of the appeal. Appellants cannot do that, as it would amount to proliferation of issues. Having earlier used the ground one, together with grounds 2 and 5, to distill the issue one, the said ground one was no longer available to donate another issue for the determination of the appeal. We have held repeatedly, that a ground of appeal cannot be split to generate issues for determination, and that, once an issue has been distilled from a given ground of appeal, the said ground of appeal is no longer available to give birth to another issue for determination, either alone or in conjunction with other grounds of appeal. Where a ground of appeal has been used to formulate an issue for determination, using it again to formulate another issue will corrupt that other issue for determination and render it incompetent.

– Mbaba JCA. Aduba v. Aduba (2018)

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PARTICULARS NOT NECESSARY WHERE COMPLAINT OF GROUND IS CLEAR

Where the complaint on a ground of law is clear and succinct, particulars may equate to repetition which is undesirable. Substantial justice must now have pre-eminence over technicality. See: Odoniyi v. Oyeleke (2001) SC 194 at 198; Nwosu v. Imo State Environmental Sanitation Authority (1990) 2 NWLR (pt. 688) 717.

— Fabiyi, JSC. Best Ltd. v. Blackwood Hodge (2011) – SC

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DEFINITION OF A COMPETENT GROUND OF APPEAL

Aregbesola v. Oyinlola (2001) 9 NWLR (Pt 1253) 627 which states “A ground of appeal is a statement by a party aggrieved with the decision of a Court, complaining that the Court from which the appeal is brought made a mistake in the finding of facts or application of the law to certain set of facts. A ground of appeal is the complaint of the appellant against the judgment of the Court. Such a complaint must be based on the live issue or issue in controversy in the suit once it is succinctly couched and the parties understood and appreciate the meaning of the contents thereof, such a ground of appeal will not be incompetent merely because it is technically defective.”

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