OMNIBUS GROUND OF APPEAL REQUIRES LEAVE OF COURT

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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GROUNDS OF APPEAL DISMISSED WHERE NO ISSUE DRAWN

Indeed, there is no disputing the submission of the respondent that grounds 4 and 5 of the grounds of appeal are abandoned, no issues really having been drawn from those grounds. – Peter-Odili JSC. Chemiron v. Stabilini (2018)

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IT IS THE ISSUE FORMULATED THAT THE COURT CONSIDERS, NOT GROUNDS OF APPEAL

It has to be noted that what an appellate court considers in its decision are the issues formulated for determination not the ground or grounds of appeal or every question that arises from the ground(s) of appeal, see Ibori v. Agbi (2004) All FWLR (Pt. 202) 1799, (2004) 6 NWLR (Pt. 868) 78. — Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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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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GROUND WILL BE ABANDONED WHERE NO ARGUMENT SUBMISSION FOR SAME

I have to observe that learned counsel for the appellants did not make any submission in relation to issue No C as formulated by him in the brief of argument and is consequently deemed to have been abandoned.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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ISSUES FOR DETERMINATION MUST BE FORMULATED FROM GROUNDS OF APPEAL

For issues for determination formulated by the respondent to be valid, they must be distilled from the grounds of appeal. In the instant case, as the respondents’ re-formulated issues are not shown to be tied to any of the grounds of appeal filed by the appellant they are discountenanced. [Ondo State University v. Folayan (1994) 7 NWLR (Pt.354) 1; Federal College of Education v. Anyanwu (1997) 4 NWLR (Pt.501) 533 at 560 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

THERE CAN BE NO ISSUE WHERE THERE IS NO GROUND OF APPEAL

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OMNIBUS GROUND OF APPEAL REQUIRES LEAVE OF COURT

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GROUNDS OF APPEAL DISMISSED WHERE NO ISSUE DRAWN

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IT IS THE ISSUE FORMULATED THAT THE COURT CONSIDERS, NOT GROUNDS OF APPEAL

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PARTICULARS NOT NECESSARY WHERE COMPLAINT OF GROUND IS CLEAR

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GROUND WILL BE ABANDONED WHERE NO ARGUMENT SUBMISSION FOR SAME

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ISSUES FOR DETERMINATION MUST BE FORMULATED FROM GROUNDS OF APPEAL

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