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

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GROUND OF APPEAL CANNOT ATTACK OBITER DICTUM

A ground of appeal must arise from the judgment appealed against and must be an attack on a ratio decidendi of the judgment and not an obiter dictum. – Ekanem JCA. C.O.P. v. Doolor (2020) – CA/MK/182/2017

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APPEALING MIXED LAW AND FACT REQUIRES LEAVE OF COURT

Where the law or rule prescribed the procedure to be taken in the performance of an act is not complied with, the performance of the act in the circumstance is a nullity. Section 233 (3) (a) provides that subject to the provisions of “Subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with leave of the Court of Appeal or the Supreme Court.” In other words, a party desiring to appeal the decision of the Court of Appeal to the Supreme Court on mixed law and facts or facts is required to obtain the leave of the Court of Appeal or the Supreme Court to file the notice and grounds of appeal.

— W.S.N. Onnoghen, JSC. SPDC v Agbara (2019) – SC.731/2017(R)

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GROUNDS MUST BE FROM RATIO DECIDENDI

The law is trite that issues for determination must be distilled from the grounds of appeal, which must, in turn arise from the ratio decidendi of the decision appealed against. Black’s Law Dictionary (8th Edition) states clearly that the ratio decidendi of a case is the principle or rule of law upon which a court’s decision is founded. It is the reason for the decision or the reasoning, principle or ground upon which a case is decided. Put differently, the ratio decidendi of a decision can be clearly differentiated from the other parts of the decision referred to as obita dicta or obiter dictum, which simply means “something said in passing.” It is a judicial comment made while delivering a judicial opinion, but one that does not embody the decision of the court. See Oleksander & Ors v. Lonestar Drilling Company Limited & Anor (2015) LPELR-24614 (SC), (2015) 9 NWLR (Pt. 1464) 337; Daniel v. INEC (2015) LPELR – 24566 (SC); (2015) 9 NWLR (Pt. 1463) 113; Ajibola v. Ajadi (2004) 14 NWLR (Pt. 892) 14.

— Okoro, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134

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AIM OF GROUND OF APPEAL IS TO OUT THE OPPOSING PARTY IN NOTICE OF COMPLAINT

It is now trite in law that the aim or purpose of a ground of appeal is to give the opposing party notice of the case it has to meet at the appellate Court and the particulars of error or misdirection alleged only intended to showcase the complaint against the decision appealed against. The particulars are not independent of the ground but must be in harmony and compatible with the grounds.

— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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RESPONDENT CANNOT RAISE ISSUES OUTSIDE THE GROUNDS OF APPEAL

It is settled law that issues for determination must relate to and arise from the grounds of appeal filed by the appellant and any issue that is not distilled from the grounds of appeal is incompetent and must be struck out. A respondent must formulate his issues from the grounds of appeal and he has no business to raise any issue outside them when he did not file a cross appeal or a respondent’s notice that the judgment of the court should be affirmed on other grounds. See:- “ Carlen (Nig.) Ltd. v. University of Jos and Anor (1994) 1 SCNJ 72 Agwundu and Ors v. Onwumere (1994) 1 SCNJ 106 Godwin v. C.A.C. (1998) 14 NWLR (Pt. 584) 162 Shitta Bey v. Attorney-General of the Federation (1998) 10 NWLR (Pt. 570) 392.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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ISSUES FOR DETERMINATION MUST BE FORMULATED FROM GROUNDS OF APPEAL

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GROUND OF APPEAL CANNOT ATTACK OBITER DICTUM

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APPEALING MIXED LAW AND FACT REQUIRES LEAVE OF COURT

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GROUNDS MUST BE FROM RATIO DECIDENDI

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AIM OF GROUND OF APPEAL IS TO OUT THE OPPOSING PARTY IN NOTICE OF COMPLAINT

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RESPONDENT CANNOT RAISE ISSUES OUTSIDE THE GROUNDS OF APPEAL

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