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ISSUE CANVASSED BELOW CAN BE DECIDED BY SUPREME COURT EVEN IF NOT APPEALED

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Dictum

There is however an aspect which offends against the provisions of our Constitution relating to the guaranteed freedom of association. There is no ground of appeal before us by the appellant or a cross-appeal by the respondent covering this point. However, the issue was canvassed in the court below. Unfortunately, the court below expressed no opinion on it. This Court can in exercise of its powers under Section 22 of the Supreme Court Act, Cap. 424 decide the issue.

– Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989

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ISSUE MUST FLOW FROM GROUND OF APPEAL

‘The law is that, an issue for determination must flow from and be supported by a ground of appeal. see Jimoh Garuba v. Isiaka Yahaya (2007) 1 SCNJ 352; Khaled Chami v. UBA Plc (2010) 2 SCNJ 23 at P.36.’

— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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ISSUE NOT RAISED AT THE TRIAL CANNOT BE RAISED ON APPEAL WITHOUT LEAVE

Learned counsel for the 1st respondent in a preliminary objection, raised the issue of filing the process on a public holiday. With respect, I entirely agree with learned Senior Advocate that that issue was not raised at the tribunal. It cannot therefore be raised on appeal without leave of this court. Unfortunately for the 1st respondent, no such leave was sought. And what is more, the tribunal did not advance the reason that the motion could not be taken because it was filed on a public holiday.

— Niki Tobi, JCA. Nnamdi Eriobuna & Ors. V. Ikechukwu Obiorah (CA/E/77/99, 24 May 1999)

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A DOUBLE BARRELED ISSUE

Let me take the first issue, which looks to me a double – barrelled one. I say this because it involves both adjectival law as well as substantive law.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89

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FEWER ISSUES ARE ENCOURAGED TO BE RAISED BY PARTIES

Counsel appeared to have worked on the misapprehension that every possible slip raises an issue. The result is that he framed too many issues -nine, for six grounds of appeal. This appears to be a reversal of the usual practice whereby one or two or more grounds raise an issue one ground can never properly raise more than one issue. It must, however, be borne in mind that an “issue” in an appeal must be a proposition of law or fact so cogent, weighty and compelling that a decision on it in favour of a party to the appeal will entitle him to the judgment of the court. This is why, apart from the fact that multiplicity of issues tends to reduce most of them to trifles, experience shows that most appeals are won on a few cogent and substantial issues, well-framed, researched and presented rather than on numerous trifling slips.

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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AN ISSUE IS THE QUESTION FOR RESOLUTION WHICH DETERMINES THE DISPUTE

That is to say the appellant having succeeded in establishing that the respondent’s application to register the foreign judgment was filed out of time, the need to rely on the other issues to arrive at the same result is quite necessary. An issue is the question in dispute between the parties necessary for determination of the suit or appeal. An issue, which is normally raised by way of a question, is usually a proposition of law or fact in dispute between the parties necessary for determination by the court, a determination which will normally affect the result of the suit or appeal. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt.110) 417; Okoromaka v. Chief Odiri (1995) 7 NWLR (Pt.408) 411 and Olafisoye v. Federal Republic of Nigeria (2004) 4 NWLR (Pt.864) 580 at 641-642 … As the determination of the five issues in the appellant’s brief of argument will not affect the result of this appeal, the issues have ceased to be the real issues for determination between the parties in this appeal. This is because courts of law are not established to deal with hypothetical and academic questions. Courts are established to deal with life issues which relate to matters in difference between the parties. See National Insurance Corporation v. Power and Industrial Engineering Co. Ltd. (1986) 1 NWLR (Pt.14) 1 at 22; Akeredolu v. Akinremi (1986) 2 NWLR (Pt.25) 710 at 728; Ekperokun v. University of Lagos (1986) 4 NWLR (Pt.34) 162 at 179; Titiloye v. Olupo (1991) 7 NWLR (Pt.205) 519 at 534; Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt.622) 290 at 330 and Macaulay v. R.Z.B. of Austria (2003) 18 NWLR (Pt.852) 282 at 300.

— M. Mohammed, JSC. Marine Co. v Overseas Union (2006) – SC.108/2001

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ANY MATTER OUTSIDE THE STATEMENT OF CLAIM GOES TO NO ISSUE

What it means is that his cause of action and his grievances must be contained in statement of claim, with which he is bound, for any matter outside the periphery of the statement of claim i.e. pleadings vide evidence goes to no issue and are bound to be ignored. See Emegokwe v. Okadigbo 1973 4 SC. 113, Shell P. B. v. Abedi 1974 1 SC 23, and Umuoffia v. Ndem 1973 2 SC 69. Another important aspect of an action is proof of the content of the pleading. In this respect, the law is trite that actions are proved on preponderance of evidence and balance of probabilities. See Elias v. Omo-Bare 1982 5 SC. 25, Woluchem v. Gudi 1981 5 SC. 291, and Akinlemibola v. C.O.P. 1976 6 SC. 205.

— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004  • 17 February 2012)

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