APPEALING FACTS IN DEATH SENTENCE IS OF RIGHT

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)

FAILURE TO CONSIDER COMPETENT GROUND OF APPEAL WILL RESULT IN LACK OF FAIR HEARING

In Union Bank of Nigeria Ltd v Nwaokolo (1995) 6 NWLR (Part 400) 127: “The appellants, as clearly depicted on the Record and in the brief of argument they filed, had identified three issues for the consideration of the court below. It is also on record that appellants argued fully all three issues and by implication, the eight grounds, to which they related. At the hearing of the appeal by the court below, it is common ground that the appellants adopted their brief of argument. However, without justification the majority judgment of that court now assailed before this Court, failed to pronounce on Grounds 4, 5 and 6 covered by appellants’ Issues 2 and 3 thereat, both of which have prompted Ground 2 in the appeal to this Court which incidentally, is covered by Issue 2 now under consideration. The judgment of the majority in the court below neither adverted to nor pronounced on these grounds (4, 5 and 6 respectively).” “Having considered the grounds (4, 5 and 6) which the court below failed to consider or pronounce upon, the next logical question to ask is, what are the consequences of such a failure? Failure to consider grounds of appeal, it is now established by decisions of this Court, amount to lack of fair hearing and a miscarriage of justice. (See Atano v AG Bendel (1988)2 NWLR (Part 75) 201). See also Kotoye v CBN (1989) 1 NWLR (Part 98) 419 where Nnaemeka-Agu, JSC held at page 448 of the Report thus:- ‘For the rule of fair hearing is not a technical doctrine. It is one of substance. The question is not whether a party entitled to be heard before deciding had in fact been given an opportunity of hearing. Once an appellate court comes to the conclusion that the party was entitled to be heard before a decision was reached but was not given the opportunity of a hearing the order/judgment thus entered is bound to be set aside.’ Fair hearing within the meaning of Section 33(1) of the 1979 Constitution means a trial conducted according to all legal rules formulated to ensure that justice is done to the parties vide Ntukidem v Oko (1986) 5 NWLR (Part 45) 909.”

ISSUE MUST BE DISTILLED FROM GROUND OF APPEAL

The settled law is that an issue formulated for determination must be distilled from a ground of appeal, and where it has no ground of appeal to relate to, then it has no part to play in the determination of the appeal, and so the appellate court has no option than to disregard the said issue. Issue (1) in the appellant’s brief of argument also becomes incompetent and it is discountenanced.

– Mukhtar JSC. Nwankwo v. Ecumenical (2007)

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

WHERE PARTICULARS NOT IN SUPPORT OF GROUND, GROUND IS INCOMPETENT

Access Bank Plc v Sijuwade (2016) LPELR 40188 (CA) per Danjuma JCA: “… the sum total of all legal principles and judicial precedents on the relationship between ground of appeal and supporting particulars is that on reading a ground of appeal and its particulars, the adverse party must be left in no doubt as to what the complaint of the appellant is. In other words, a ground of appeal and its particulars go together. Where the particulars in support of ground are not related to the ground, the ground is incompetent. See Hambe v Hueze (2001) 2 SC 26.”