It is also settled law that an issue for determination can only be distilled from a competent ground or competent grounds of appeal. As observed earlier, in a situation where an issue for determination is derived from both competent and incompetent grounds, the issue is liable to be struck out for incompetence.
– Kekere-Ekun JSC. CITEC v. Francis (2021) – SC.720/2017 CITEC v. Francis (2021) – SC.720/2017
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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…..”
The Respondent seeks to attack the ground of appeal as part of its response to issue no (i). The purpose of issues for determination, is to identify what the issues in the grounds of appeal are. An issue cannot be formulated out of a non-existent or invalid ground of appeal. Therefore, all the arguments canvassed by the Respondent attacking the legitimacy of the two grounds of appeal which were not predicated on the grounds of appeal filed in this appeal, are discountenanced and struck out.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
Grounds of appeal are meant to attack findings of a court that have bearing on the case put up by a litigant. In other words, it should be related to a decision of the court and contain complaints an appellant rely on to succeed in setting aside a decision, the ratio decidendi of a judgment, not just observations and passing remarks of a Judge in the course of writing a judgment.
– Mukhtar JSC. Nwankwo v. Ecumenical (2007)
Access Bank Plc v Sijuwade (2016) LPELR 40188 (CA) per Danjuma JCA: “… the sum total of all legal principles and judicial precedents on the relationship between ground of appeal and supporting particulars is that on reading a ground of appeal and its particulars, the adverse party must be left in no doubt as to what the complaint of the appellant is. In other words, a ground of appeal and its particulars go together. Where the particulars in support of ground are not related to the ground, the ground is incompetent. See Hambe v Hueze (2001) 2 SC 26.”
Where other grounds of appeal can sustain an appeal a Preliminary objection should not be filed, rather a Motion of Notice should be filed against the offending grounds of appeal. – Rhodes-Vivour JSC. Nwaolisah v. Nwabufoh (2011)
Issue 1 was formulated from ground 1 while Issue 2 does not flow from any of the seven grounds of Appeal. No Issue or Issues were formulated or argued in respect of grounds 2-7 of his Notice of Appeal. A fortiori, the Appellant appears to have abandoned grounds 2-7 of his Notice of Appeal. In the same vein, Issue No. 2 is not tied to any ground of Appeal and therefore is of no moment. See Yadis Nigeria Ltd v. Great Nigeria Insurance Coy Ltd (2007) 30 NSQR (Pt. 1) page 495.
— P.O. Elechi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007
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