RESPONDENT RESTRICTED TO GROUNDS OF APPEAL

It is settled law that where a respondent filed neither cross-appeal nor respondent’s notice, he does not have an unrestrained or unbridled freedom to raise issues for determination which have no bearing or relevance to the ground(s) of appeal filed. – Onnoghen JSC. Chami v. UBA (2010)

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ISSUE MUST BE GOTTEN FROM THE GROUNDS OF APPEAL

An issue is derived from a ground where the subject matter of the issue is the same as the subject matter of the complain in the ground. As this court has established in a long line of cases overtime, any issue raised for determination in an appeal that is not based on or covered by any ground of the appeal is not valid for consideration and must be struck out.

– Agim JSC. Pillars v. William (2021)

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WHERE NO LEAVE OBTAINED, ISSUES AND ARGUMENTS THEREON WILL BE STRUCK OUT

It is true that once no leave was shown to have been obtained by the Appellant before filing the grounds of appeal alleging error of facts based on evidence the said grounds together with the issues distilled therefrom and the arguments proffered thereon are liable to be struck out. See Nwadike v. Ibekwe (1987) 4 NWLR (pt. 67) 718; Ogbechie v. Onochie (1986) 2 NWLR (pt. 23) 484; Ifediorah v. Ume (1988) 2 NWLR (pt. 74) 5.

— M.U. Peter-Odili, JSC. Ugo v. Ugo (2007) – CA/A/110/2007

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ISSUES OF DETERMINATION ARISE FROM APPEAL GROUNDS

It is settled law that issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta or be formulated in vacuo , as issue 5 in the instant case. – Onnoghen JSC. Chami v. UBA (2010)

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WHAT ARE VAGUE AND UNREASONABLE GROUNDS OF APPEAL

In this preliminary objection, the crux of the complaint is that the grounds of appeal in the notice of appeal are vague and unreasonable. Vague and unreasonable grounds of appeal from our established principles of law are those grounds of appeal couched in a manner which does not provide any solid or explicit standard for it to be understood. An illusive complaint which is lacking in depth and is more windy, evasive, ambiguous, debatable, disputable and inexplicable. See the cases of Set Success Ent.& Co., Ltd v. Ibeju-Lekki Local Government (2021) LPELR — 56608 (SC), Adamu v. C.O.P. Plateau State Command (2020) LPELR – 51956 (CA).

— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020

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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

A COMPETENT APPEAL ARISES FROM A LOWER COURT’S DECISION

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RESPONDENT RESTRICTED TO GROUNDS OF APPEAL

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ISSUE MUST BE GOTTEN FROM THE GROUNDS OF APPEAL

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WHERE NO LEAVE OBTAINED, ISSUES AND ARGUMENTS THEREON WILL BE STRUCK OUT

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ISSUES OF DETERMINATION ARISE FROM APPEAL GROUNDS

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WHAT ARE VAGUE AND UNREASONABLE GROUNDS OF APPEAL

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APPEALING FACTS IN DEATH SENTENCE IS OF RIGHT

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