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A SINGLE GROUND OF APPEAL CAN SUSTAIN AN APPEAL

Dictum

It is further regular even if one only of the four grounds of appeal is found to involve a question of law, as that ground can on its own sustain the appeal. – Adekeye JSC. Nwaolisah v. Nwabufoh (2011)

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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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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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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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A VAGUE GROUND OF APPEAL IS INCOMPETENT

I have taken a calm look at ground 6 and considered the submissions of counsel to the respective parties and it does appear to me that though the law is that a ground of appeal should not be considered in isolation of its particulars in order to understand its purports, yet it is also the law that a ground of appeal which defies understanding or is not particularized or indeed contains irrelevant particulars is simply a vague ground of appeal and thus incompetent. See CBN and Anor v. Okojie and Ors (2002) LPELR- 836 (SC).

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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ISSUE MUST ARISE FROM A GROUND OF APPEAL

It is trite law that an issue for determination in an appeal must relate to and arise from the grounds of appeal filed. Therefore any issue which is not related to any ground of appeal is not only vague but also incompetent and liable to be ignored in the determination of the appeal or struck out.

– Mahmud JSC. Ogiorio v. Igbinovia (1998)

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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

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