COURT CANNOT PRONOUNCE ON ISSUE NOT RAISED

Nnaemeka-Agu, J.S.C., expressed similar views in a recent case Niger Progress Ltd. v. North East Line Corporation (1989) 3 NWLR (Pt.107) 68 at p. 100 viz: “In the instant case whether or not the writ was duly indorsed… is not only new, but one which should have been resolved one way or the other in the Court of trial. It ought to have occurred to learned counsel that this Court cannot make any pronouncement on the endorsement or Service of the Writ when such an issue was never placed before the lower Court … even a notice to raise a point not raised in the Court below … can never serve as a licence for introducing new and separate issues.”

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ISSUE REFORMULATED BY COURT MUST BE ROOTED IN THE GROUNDS OF APPEAL

I have no doubt at all, that a court has the inherent power, in the interest of justice, to reject, modify or re-frame issues distilled for the determination of a case before it. However, the exercise of this power is not open ended or limitless, the issue so formulated must be rooted in the grounds of appeal, the Court must ensure that any issue so modified, or re-formulated comes within the ambit of the complaint contained in the grounds of appeal.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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APPEALS ARE NOT WON BASED ON PROLIFERATION OF ISSUES

As is the practice, briefs were duly filed and exchanged. The 1st Appellant formulated eight issues for determination, the 2nd to 6th appellants, four and the 1st respondent, five. This Court and the Supreme Court have said it times without number that appeals are not won by the quantity of issues but by their quality. It is not by formulating large number of issues as it is in this case, that appeals are won. With respect, I do not see the place of eight issues in this appeal. They are prolix and repetitive. It is not my intention to reproduce the issues formulated by the parties.

— Niki Tobi, JCA. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)

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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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INTERMEDIATE COURT SHOULD PRONOUNCE ON ALL ISSUES

This approach is in keeping with the advice often given by this Court that where a Court is not the final Court on the subject matter, it should endeavour to proffer an opinion on all the issues submitted to it so that the appellate Court would have the benefit of the Court’s reasoning in the event that it does not agree with the position of the Court on the issue of competence, jurisdiction, locus standi, etc.

— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014

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PROPER APPROACH TO ISSUES OF FACT

In Adeyeye v. Ajiboye (1987) 3 N.W.L.R. (Pt.61) 432 at p.451, I referred to what I thought was the proper approach to the issues of fact and findings of fact by trial Courts viz: “The proper approach for any trial court is first set out the claim or claims; then the pleadings, then the Issues arising from those pleadings. Having decided on the issues in dispute the trial Judge will then consider the evidence in proof of each issue, then decide on which side to believe and this has got to be a belief based on the preponderance of credible evidence and the probabilities of the case. After this the trial Judge will then record his logical and consequential findings of fact. It is after such a finding that the trial court can then discuss the applicable law against the background of his findings of fact.”

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

PARTIES ISSUES ARE TO BE CONSIDERED

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COURT CANNOT PRONOUNCE ON ISSUE NOT RAISED

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ISSUE REFORMULATED BY COURT MUST BE ROOTED IN THE GROUNDS OF APPEAL

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APPEALS ARE NOT WON BASED ON PROLIFERATION OF ISSUES

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ONLY ONE ISSUE CAN ARISE FROM A GROUND OF APPEAL

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INTERMEDIATE COURT SHOULD PRONOUNCE ON ALL ISSUES

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PROPER APPROACH TO ISSUES OF FACT

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