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ONLY ONE ISSUE CAN ARISE FROM A GROUND OF APPEAL

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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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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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PURPOSE OF ISSUE FORMULATION IN AN APPEAL

It is necessary to emphasise the purpose of formulating issues for determination in briefs. Like pleadings to a litigation between the parties the issues formulated are intended to accentuate the real issues for determination before the Court. The grounds of appeal allege the complaints of errors of law, fact or mixed law and fact against the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed.

— Karibe-Whyte, JSC. Adebanjo v Olowosoga (1988) – SC 134/1986

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WHAT AMOUNTS TO PROLIFERATION OF ISSUES IN AN APPEAL

Now, what would in law amount to proliferation of issues in an appeal is no longer a vexed issue as it has been pronounced upon severally by the appellate Courts, including the apex Court. While it is true that an issue for determination must flow from the ground(s) of appeal and that this Court has the power to formulate issues for determination in appropriate and deserving circumstances or to re-formulate or modify the issues formulated by the parties, it is well settled law that an Appellant, as well as a Respondent, is not permitted or allowed to raise issues in excess of the grounds of appeal and that where the number of issues formulated are more than the number of the grounds of appeal it amounts to nothing but a proliferation of issues, which in law is not acceptable. See Dr. Arthur Agwuncha Nwankwo & Ors. v. Alhaji Umaru Yar’Adua & Ors. (2010) 12 NWLR (Pt. 1209) 518. See also Unilorin v. Oluwadare (2003) 3 NWLR (Pt. 808) 557;Padawa v. Jatau (2003) 5 NWLR (Pt. 813) 243; Sogbesan v. Ogunbiyi (2006) 4 NWLR (Pt. 969) 19; Agu v. Ikewibe (1991) 3 NWLR (Pt. 130) 385;Adelusola & Ors v. Akinde & Ors (2004) 12 NWLR (Pt. 887) 295.

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

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FEWER ISSUES ARE ENCOURAGED TO BE RAISED BY PARTIES

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

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WHAT WAS NOT AN ISSUE AT TRIAL CANNOT BE AN ISSUE ON APPEAL

The law is trite that a point that is not made an issue in the course of trial cannot be so raised in an appellate court unless with the leave of the trial court or the appellate court. See Oshatoba v. Olujitan 2000 5 NWLR part 655 page 159, Obioha v. Duru 1994 8 NWLR part 365 page 631, and Akpene v. Barclays Bank of Nigeria Ltd 1977 1 SC 47.

— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004 • 17 February 2012)

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COURT SHOULD NOT DETERMINE ISSUES MEANT FOR THE SUBSTANTIVE CASE AT THE PRELIMINARY STAGE

It is the settled position of the law that a court should not comment on or decide at preliminary stage matters or issues which are supposed to be decided in the substantive case. See: NWANKWO & ORS v YAR’ADUA & ORS (2010) LPELR-2109(SC), at page 71, paras. B-F, per Commassie, JSC; and OCHOLI ENOJO JAMES, SAN v INEC & ORS (2015) LPELR-24494(SC) at page 92, para. G, per Okoro, JSC.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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