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COURT CANNOT CONSIDER AN ISSUE NOT PLACED BEFORE IT

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Dictum

The settled position of the law is that when an issue is not placed before the court for discourse, the Court has no business whatsoever delving into it and dealing with it. A court of law has no business whatsoever delving into issues that are not properly placed before it for resolution, a Court of law has no business being overgenerous and open-handed, dishing out unsolicited reliefs, a Court of law is neither father Christmas granting unsolicited reliefs, nor Knight errant looking for skirmishes all about the place, a Court of law as an impartial arbiter must confine its self to the reliefs sought and the issues before it submitted for resolution.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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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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COURT NOT TO MAKE COMMENT ON ISSUE NOT RAISED

The question whether the 2nd and 3rd respondents were properly joined as “third parties” in the suit has not been raised as an issue in this appeal by any of the parties. I do not, therefore, propose to make any comment on the subject.

— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993

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SUPERFLUOUS AND OVERLAPPING ISSUES ARE NOT NECESSARY

The issues formulated by the parties are needlessly overlapping and superfluous in several aspects. The Appellants formulated twelve (12) issues for determination when in actual fact the contention in this appeal appears straightforward. On their part, the Respondents formulated seven (7) issues with inelegant verbosity. This is not necessary in a Court as busy as the Supreme Court, perhaps any Court at all.

— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006

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PROLIFERATION OF ISSUES IS DEPLORABLE

Undoubtedly, the Appellants have disposed themselves to the unpardonable practice of proliferation of issues. Proliferation of issues is highly deplorable. In drafting grounds of appeal and issues for determination, counsel must at all times avoid proliferation of issues and this is done by distilling a sole issue from one or more grounds of appeal, thereby avoiding multiplicity of issues from the same ground.

– Saulawa, JSC. Oko v. Ebonyi State (2021)

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A PARTY CANNOT CANVASS ARGUMENT OUTSIDE OF ISSUES FRAMED

It is clear that both issues are confined to the competence of the plaintiffs/respondents to sue in the matter. As they do not extend to the competence of the defendants/appellants to defend the action, I shall not go there. This is because parties are, bound by the issues formulated in their briefs. In other words, a party cannot advance an argument outside the issue or issues formulated in the brief without leave of Court. This stems from the larger ambit of our adjectival law that parties are, bound by their briefs.

— Niki Tobi, JSC. Mozie & Ors. v. Mbamalu & Ors. (2006) – S.C.345/2001

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ISSUE MUST ARISE FROM GROUNDS OF APPEAL

It suffices to state, firstly, that an appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out. – Iguh, JSC. Oshatoba v. Olujitan (2000)

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