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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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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ISSUE MUST ARISE FROM A GROUND OF APPEAL

I scarcely need to repeat that every issue in an appeal must arise from one or more grounds of appeal. It is usual for one, two or more grounds of appeal to constitute an issue, not the other way round. The reverse could not have arisen if counsel had done well to remember what an issue in an appeal really is.

– Nnaemeka-Agu, JSC. Petroleum v. Owodunni (1991)

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JUDGEMENT MUST BE CONFINED TO PARTIES ISSUES

This is because it is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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ARGUMENT IN SUPPORT OF ISSUES MUST BE TRACED TO THE ISSUES

It must be emphasised that issues for determination in an appeal must arise from the grounds of appeal filed by the appellant. Equally arising from this statement of the law is that the arguments in support of the issues must be traced to the issues and the grounds of appeal from which such issues were framed. I say no more.

— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

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WHEN IS AN ISSUE ON APPEAL EXTRANEOUS

An issue is said to be extraneous, when it was neither raised nor canvassed at the trial court on pleadings and in the evidence of the parties.

– Ogbuagu JSC. Ogundele v. Agiri (2009) – SC

PARTIES ISSUES ARE TO BE CONSIDERED

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COURT OF APPEAL CONSIDERS ISSUE, IN THE CASE IT IS OVERRULED BY THE SUPREME COURT

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WHAT AMOUNTS TO PROLIFERATION OF ISSUES IN AN APPEAL

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ISSUE MUST ARISE FROM A GROUND OF APPEAL

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JUDGEMENT MUST BE CONFINED TO PARTIES ISSUES

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ARGUMENT IN SUPPORT OF ISSUES MUST BE TRACED TO THE ISSUES

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WHEN IS AN ISSUE ON APPEAL EXTRANEOUS

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