GROUNDS OF APPEAL DISMISSED WHERE NO ISSUE DRAWN

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.”

A SINGLE GROUND OF APPEAL CAN SUSTAIN AN APPEAL

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)

GROUNDS WHERE NO ISSUES ARISE FROM ARE DEEMED STRUCK OUT

It is trite that by the rules of practice and procedure, in particular, of the appellate Courts, appeals are to be determined on the issues distilled from the competent grounds of appeal raised against the judgment being appealed. Therefore, any ground of appeal from which no issue has been formulated is deemed to have been abandoned and is liable to be discountenanced and struck out by the Court. Indeed, any such ground is lifeless and may not need a specific order to have it struck out yet should still be struck out. In this appeal, no issue has been formulated from grounds 4, 5, 6, 7 & 8 of the Amended Notice of Appeal. Meaning that those grounds are deemed abandoned. Accordingly, the said grounds 4, 5, 6, 7 & 8 are struck out.

— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013

EVALUATION OF FACT IS A GROUND OF FACT

Assessment or evaluation of evidence is a ground of fact; it requires the examination of documents used in securing the debt or payment thereof.

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