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ISSUE MUST BE GOTTEN FROM THE GROUNDS OF APPEAL

Dictum

An issue is derived from a ground where the subject matter of the issue is the same as the subject matter of the complain in the ground. As this court has established in a long line of cases overtime, any issue raised for determination in an appeal that is not based on or covered by any ground of the appeal is not valid for consideration and must be struck out.

– Agim JSC. Pillars v. William (2021)

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OMNIBUS GROUND OF APPEAL REQUIRES LEAVE OF COURT

It is also trite that an Omnibus Ground of appeal is a general ground of fact complaining against the totality of the evidence adduced at the trial, see IREJU NWOKIDU AND 3 ORS V MARK OKANU AND ANOR (2010) 1 SC (Pt. 1) 136, ODOEMENA NWAIGWE AND ORS V NZE EDWIN OKERE (2008) 5-6 SC (Pt. 11) 93. Put in another way, an Omnibus Ground of Appeal is a complaint on evaluation of evidence which encompasses a complaint that the trial Court failed to properly evaluate the evidence before the Court, see AJIBONA V KOLAWOLE (1996) 12 SCNJ 270.

— M.N. Oniyangi, JCA. Jos Met. Dev. v. Umealakei (2020) – CA/J/481/2019

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MEANINGLESS AND VAGUE GROUND OF APPEAL WILL BE STRUCK OUT

My Lords, I have for the sake of doing substantial justice to the parties taken time to read over and over again the above ground 6 and the more I read it the more meaningless it comes across to me. Both the grounds and the particulars taken together reveal no complaint against the judgment of the Court below when not a single rule or regulation not identified and evaluated by the Court below in its judgment was disclosed in the ground and its particulars. I therefore cannot but agree with the apt and unassailable submissions of the learned counsel for the 1st -4th Respondent that ground 6 defies all understanding and is thus vague and incompetent and I so hold. This objection is hereby upheld and consequently ground 6 is hereby struck out for being incompetent.

— 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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WHEN IS A GROUND OF APPEAL SAID TO BE VAGUE

The case of Hassan v. Buhari and Ors., (2022) LPELR – 56677 (CA), where this Court per Abiru, JCA, explained what constitutes a vague ground of appeal, as follows: “Now, a ground of appeal is said to be vague and imprecise when it is couched in a manner which does not provide any explicit standard for its being understood or when what is stated is so uncertain that it is not susceptible of being understood. It may also be considered vague when the complaint is not defined in relation to the subject or it is not defined in relation to the subject or it is not particularized or the particulars are clearly irrelevant – Central Bank of Nigeria v. Okojie (2002) 8 NWLR (Pt. 768) 48, Governor, Ekiti State v. Osayomi (2005) 2 NWLR (Pt. 909) 67, Imam v. Sheriff (2005) 4 NWLR (Pt. 914) 80 and Nwabueze v. Nwora (2005) 8 NWLR (Pt. 926) 1. In other words, where the complaint in a ground of appeal is discernible vis-a-vis the judgment of a lower Court, the ground of appeal cannot be said to be vague or imprecise”.

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DEFINITION OF A COMPETENT GROUND OF APPEAL

Aregbesola v. Oyinlola (2001) 9 NWLR (Pt 1253) 627 which states “A ground of appeal is a statement by a party aggrieved with the decision of a Court, complaining that the Court from which the appeal is brought made a mistake in the finding of facts or application of the law to certain set of facts. A ground of appeal is the complaint of the appellant against the judgment of the Court. Such a complaint must be based on the live issue or issue in controversy in the suit once it is succinctly couched and the parties understood and appreciate the meaning of the contents thereof, such a ground of appeal will not be incompetent merely because it is technically defective.”

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ESSENCE OF PARTICULARS OF GROUND OF APPEAL

The essence of particulars to a ground of appeal is to explain or substantiate on the ground or grounds. Where the particulars are incorporated and embedded in the ground of appeal, as in this case, it does not make ground 2 incompetent. This method I would term as a “short cut” in drafting and formulating grounds of appeal by the learned counsel to the Appellant.

– Uwa, JCA. GTB v. Innoson (2014) – CA/I/258/2011

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ISSUE CANNOT ARISE OUT OF NONEXISTENT GROUND OF APPEAL

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)

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