APPEALING FACTS IN DEATH SENTENCE IS OF RIGHT

NO TIME LIMIT FOR AMENDING GROUNDS OF APPEAL

Let me also add that, there is nothing in our law or rules which sets a time limit for bringing an application to amend the grounds of appeal, and the Court has a discretion to allow the amendment upon such terms as it may deem just. See IBRAHIM VS. OSHOMAH (1991) 6 NWLR (Pt.197) 286; OPARA VS. SCHLUMBERGER & ANOR (2006) 7 S.C. (Pt.III) 56.

– Bage, JSC. GTB v. Innoson (2017) – SC.694/2014(R)

GROUNDS OF APPEAL MUST BE BASED ON THE CONTROVERSY / DISPUTE

In all cases, the subject matter for determination must be an issue in controversy between the parties. The decision appealed against must have decided the issue. In every appeal, the issue or issues in controversy are fixed and circumscribed by a statement of the part of the decision appealed against. Hence, the grounds of appeal must ex necessitate be based on such issues in controversy – See Niger Construction Co. Ltd v. Okugbeni (1987)4 NWLR. (Pt.67) 787. Where a ground of appeal cannot be fixed and circumscribed within a particular issue in controversy in the judgment challenged, such ground of appeal cannot justifiably be regarded as related to the decision. A fortiori, no issue for determination can be formulated therefrom.

— A.G. Karibe-Whyte, JSC. Saraki v. Kotoye (1992) – S.C. 250/1991

PRINCIPLES TO CONSIDER TO DETERMINE GROUND OF LAW OR FACT

For the purposes of elucidation however, I think I should re-state some of these principles.
1. The first and foremost is for one to examine thoroughly the grounds of appeal in the case concerned to see whether they reveal a misunderstanding by the lower court of the law, or a misapplication of the law to the facts already proved or admitted.
2. Where a ground complains of a misunderstanding by the lower court of the law or a misapplication of the law to the facts already proved or admitted, it is a ground of law.
3. Where a ground of appeal questions the evaluation of facts before the application of the law, it is a ground of mixed law and. fact.
4. A ground which raises a question of pure fact is certainly a ground of fact.
5. Where the lower court finds that particular events occurred although there is no admissible evidence before the court that the event did in fact occur, the ground is that of law.
6. Where admissible evidence has been led, the assessment of that evidence is entirely for that court. If there is a complaint about the assessment of the admissible evidence, the ground is that, of fact.
7. Where the lower court approached the construction of a legal term of art in a statute on the erroneous basis that the statutory wording bears its ordinary meaning, the ground is that of law.
8. Where the lower court or tribunal applying the law to the facts in a process which requires the skill of a trained lawyer, this is a question of law.
9. Where the lower court reaches a conclusion which cannot reasonably be drawn from the facts as found, the appeal court will assume that there has been a misconception of the law. This is a ground of law.
10. Where the conclusion of the lower court is one of possible resolutions but one which the appeal court would not have reached if siesed of the issue, that conclusion is not an error in law.
11. Where a trial court fails to apply the facts which it has found corrective to the circumstance of the case before it and there is an appeal to a court of appeal which alleges a misdirection in the exercise of the application by the trial court, the ground of appeal alleging the misdirection is a ground of law not of fact.
12. When the Court of Appeal finds such application to be wrong and decides to make its own findings such findings made by the court of appeal are issues of fact and not of law.
13. Where the appeal court interferes in such a case and there is a further appeal to a higher court of appeal on the application of the facts, the grounds of appeal alleging such misdirection by the lower court of appeal is a ground of law not of fact.
14. A ground of appeal which complains that the decision of the trial court is against evidence or weight of evidence or contains unresolved contradictions in the evidence of witnesses., it is purely a ground of fact (which requires leave for an appeal to a court of appeal or a further court of appeal).

– Niki Tobi, JSC. Calabar CC v. Ekpo (2008)

WHEN GROUNDS OF APPEAL ARE ONE OF LAW

In NNPC v. FAMFA OIL LTD. (2012) 17 N.W.L.R. (Part 1328) S.C. 148, this Court, while faced with a similar objection to the grounds of appeal, went ahead to deal extensively with the criteria for identifying when a ground of appeal is one of law, of fact, or of mixed fact and law. Rhodes-Vivours J.S.C., at Pp. 175 – 176, Paragraphs C – H, as follows: “…. In Nwadike v. Ibekwe (Supra), this Court explained further that: (a) It is an error in law if the adjudicating Tribunal took into account some wrong criteria in reaching its conclusion. (b) Several issues that can be raised on legal interpretation of deeds, documents, terms of arts and inference drawn there from are grounds of law. (c) Where a ground deals merely with a matter of inference, even if it be inference of fact, a ground framed from such is a ground of law. (d) Where a tribunal states the law in point wrongly, it commits an error in law. (e) Where the complaint is that there was no evidence or no admissible evidence upon which a finding or decision was based, same is regarded as a ground of law. (f) If a Judge considers matters which are not before him and relies on them for the exercise of his discretion, he will be exercising same on wrong principles and this will be a question of law…..”