The settled law is that an issue formulated for determination must be distilled from a ground of appeal, and where it has no ground of appeal to relate to, then it has no part to play in the determination of the appeal, and so the appellate court has no option than to disregard the said issue. Issue (1) in the appellant’s brief of argument also becomes incompetent and it is discountenanced.
– Mukhtar JSC. Nwankwo v. Ecumenical (2007)
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In plethora of decided cases, a ground of appeal that postulates that the decision of the trial Court is against the weight of evidence or cannot be supported by the weight of evidence is christened an Omnibus Ground. It also implies that there is no evidence which if accepted would support the finding of the trial Court.
— M.N. Oniyangi, JCA. Jos Met. Dev. v. Umealakei (2020) – CA/J/481/2019
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…..”
It is trite law that where a party alleged misdirection of law, he must show particulars of the misdirection related to a specific finding or observation or reasoning in the judgment of the trial Court. The particulars of the alleged misdirection must necessarily be stated because not every misdirection will be fatal to the decision of the trial Court or lead to setting same aside on appeal. See M/V CAROLINE MAERSK and ORS. v. NOKOY INV. LTD (2002) LPELR- 3182 (SC) and OKOTIE-EBOH v. MANAGER and ORS. (2004) LPELR.
— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12
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
The right of appellant to appeal as of right on the 4 grounds complaining on facts is secured by Section 233 (2) (d) of the Constitution, the Court of Appeal having affirmed his death sentence.
— E. Eko, JSC. Lawali v State (2019) – SC.272/2017
‘Unarguably, issues No. 1 and 2 were distilled from ground 1, albeit with other grounds of appeal Mr Ajayi for the appellant, had no answer to the contention of Mr. Falana, for the respondents, on this vital issue of law Thus, I take it that he has conceded to it. The law is that a ground of appeal is not to be split into two issues. That is, a ground of appeal is not to carry two issues or put in another way, two issues are not to be formulated from a ground of appeal. See the more recent decision of the Supreme Court in Adekunle Teriba v. Ayoade Tiamiyu Adeyemo (2010) 4 SCNJ 59 at P.67. Thus, whilst one issue for determination is permitted to be distilled from one ground of appeal or two or more grounds of appeal, two issues for determination cannot be distilled from one ground of appeal, otherwise both the issues and the ground of appeal will be liable to be struck out as being incompetent. See: Odoemena Nwaigwe and Ors v. Nze Edwin Okere (2008) 5 SCNJ 256; Yadis Nig. Ltd. v. Great Nigeria Insurance Co. Ltd. (2007) 5 SCNJ 86.’
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
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