STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

ISSUE FROM INCOMPETENT GROUND OF APPEAL IS ITSELF INCOMPETENT

Reach more audience. Place advert here.

Ordinarily, any issue formulated from an incompetent ground of appeal is itself incompetent and must be struck out. Issues are the important questions formulated for determination by the court and could be distilled from more than one ground of appeal. See; Sunday Madagwa V. The State (1988) 12 SC (Pt. 1) 68 at 76 … Generally, issues are not meant to be formulated on each ground of appeal but raised or distilled out of a combination of the essential complaints of the appellant in the grounds of appeal. Therefore, issues must necessarily relate to facts or law decided by the court whose decision is appealed against. In other words, it is ideal to distill or formulate an issue from more than one ground of appeal but where this is not done or it is impossible, just only one issue may be raised from one ground of appeal. Therefore, a valid Notice of Appeal with one ground of appeal and a single issue for determination is sufficient to sustain an appeal … There is no doubt that it is now an established practice that an appeal is decided upon the issues raised or formulated for determination of the court. In effect, when issues for determination are formulated, the grounds of appeal upon which they are based or from which the issues are formulated become extinguished or expired. The argument of the appeal is then based on the issues so formulated but not on the grounds.

— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002

Was this dictum helpful?

SHARE ON

issue

COURT CANNOT CONSIDER AN ISSUE NOT PLACED BEFORE IT

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)

Was this dictum helpful?

PURPOSE OF FRAMING OF ISSUES

✓ In Unity Bank & Anor V. Edward Bonari (2008) 2 SCM 193 at 240, this court had opined thus: “It is now firmly settled that the purpose of reframing issue or issues is to lead to a more judicious and proper determination of an appeal. In other words, the purpose is to narrow the issue or issues in controversy in the interest of accuracy, clarity and brevity.” See also, Musa Sha (Jnr.) & Anor V. Da Ray Kwan & 4 ors (2000) 5 SCNJ 101 (2000) 8 NWLR (Pt 670) 685.

✓ In Sha V. Kwan (supra) at 705 this court has stated thus: “So long as it will not lead to injustice to the opposite side, appellate courts possess the power and in the interest of justice, to reject, modify or reframe any or all issues formulated by the parties…”

Was this dictum helpful?

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

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

Was this dictum helpful?

DUTY OF AN APPELLATE COURT TO EITHER ADOPT, REFRAME OR FORMULATE NEW ISSUES IN THE DETERMINATION OF AN APPEAL

“In Considering the issues for determination in an appeal formulated in the briefs of argument of the parties, an appellate court can, either adopt or reframe or even formulate new issues, in the determination of the appeal. This is the law as enunciated in the case of FRN V. Ogbegolu (2006) 18 NWLR (PT. 1010) P. 188 @ 225 where it was held that, after examining the issues for determination, it is the duty of an appellate court to either adopt those in the briefs of argument or formulate new ones which he believes would determined the real complaint or grievances of the appellant. See also Adaku Vs Ajeh (1994) 5 NWLR (PT. 346) P. 582 and Ikegwuha V. Ohawuchin (1996) 3 NWLR (PT. 435) P. 146.”

— I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

Was this dictum helpful?

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)

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.