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GROUNDS OF APPEAL MUST BE BASED ON THE CONTROVERSY / DISPUTE

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Dictum

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

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CANNOT FRAME MORE ISSUES THAN THE NUMBER OF GROUNDS

The law is well settled that in practice, there should be no proliferation of issues. Therefore out of three grounds of appeal, an appellant cannot formulate or frame four issues. In other words, a party cannot frame more issues than the number of grounds of appeal.

– Adumein JCA. Adewoyin v. Executive Governor (2011)

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ISSUES ARE ARGUED NOT GROUNDS OF APPEAL

I think I ought to stress in the first place that it is the issues distilled from all appellant’s grounds of appeal that may be argued in the Court of Appeal or the Supreme Court and not the grounds of appeal.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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THERE CAN BE NO ISSUE WHERE THERE IS NO GROUND OF APPEAL

Issues for determination must therefore be based on, correlate and be tied to a ground of appeal. The grounds of appeal must reflect the grievance of the appellant against the judgment of the trial court. In the absence of a valid ground of appeal any issue formulated is necessarily incompetent and is liable to be struck out. Likewise any ground of appeal not related to any issue is deemed abandoned – becomes irrelevant to the appeal and is likely to be struck out.

– ADEKEYE, JCA. NOGA v. NICON (2007)

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ISSUE RAISED MUST BE RELATED TO A COMPETENT GROUND OF APPEAL

Issues arising for determination of an appeal are determined by the number of competent grounds of appeal filed by the appellant challenging the decision of the court being appealed against. The law is that neither a party nor a court is permitted to raise or deal with any issue which is not related to or does not arise from any ground or grounds of appeal. See Oniah v. Onyia (1989) 1 NWLR (Pt.99) 514; Nwosu v. Udeaja (1990) 1 NWLR (Pt. 125) 188 and Mark v. Eke (2004) 5 NWLR (Pt.865) 54 at 82. Therefore since the two issues formulated in the 1st respondent’s brief have the backing of the grounds of appeal filed by the appellants, they are relevant for the determination of this appeal. The remaining four issues in the appellants’ brief are equally potent having regard to the grounds of appeal in their support.

— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

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A COMPETENT APPEAL ARISES FROM A LOWER COURT’S DECISION

A competent appeal to this Court from the Court of Appeal, the Court below, arises only from that Court’s decision. In the case at hand where an issue had not been heard and decided by the Court of Appeal, an appeal to this Court, by virtue of Section 233(2) of the 1999 Constitution as amended, does not enure. See THOR V. FIRST CITY MERCHANT BANK LTD (2002) LPELR – 8061 (SC) and OYAKHIRE V. STATE (2006) LPELR-2863 (SC).

— M.D. Muhammad, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)

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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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