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ISSUE RAISED MUST BE RELATED TO A COMPETENT GROUND OF APPEAL

Dictum

Issues arising for determination of an appeal are determined by the number of competent grounds of appeal filed by the appellant challenging the decision of the court being appealed against. The law is that neither a party nor a court is permitted to raise or deal with any issue which is not related to or does not arise from any ground or grounds of appeal. See Oniah v. Onyia (1989) 1 NWLR (Pt.99) 514; Nwosu v. Udeaja (1990) 1 NWLR (Pt. 125) 188 and Mark v. Eke (2004) 5 NWLR (Pt.865) 54 at 82. Therefore since the two issues formulated in the 1st respondent’s brief have the backing of the grounds of appeal filed by the appellants, they are relevant for the determination of this appeal. The remaining four issues in the appellants’ brief are equally potent having regard to the grounds of appeal in their support.

— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

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TWO ISSUES CANNOT ARISE FROM A SINGLE GROUND OF APPEAL

‘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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ISSUE NOT TIED TO A GROUND OF APPEAL IS OF NO MOMENT

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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ISSUE MUST BE DISTILLED FROM GROUND OF APPEAL

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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ISSUE MUST ARISE FROM GROUNDS OF APPEAL

It suffices to state, firstly, that an appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out. – Iguh, JSC. Oshatoba v. Olujitan (2000)

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GROUNDS OF APPEAL MUST ARISE FROM THE JUDGEMENT

In Bello v Aruwa (1999) 8 NWLR (Pt.615) 454 it was held that grounds of appeal are not formulated in abstract. They must arise from the judgment in the same way as the issues arise from the grounds of appeal. And however meritorious a ground of appeal may be, it must be connected with the controversy between the parties at the trial court.

In Abiola v Abacha (1997) 6 NWLR (pt.509) 413 it was held that the grounds of appeal must stem from the decision of the court below.

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GROUNDS OF APPEAL ARE EXPLANATORY NOTES OF WHAT IS IN CONTEST

In Waziri v Geidam (2016) 11 NWLR (Pt.1523) 230 at 256, I had in this Court stated that:- “The functions which particulars to a ground of appeal are required to perform are to highlight the grouse of the appellants against the judgement on appeal. They are specifications of errors and misdirection which show the complaint the appellants are screaming about and the line of thought the appellants are going to canvass in their brief of argument. What is fundamental is that the ground of appeal are really explanatory notes on what is in contest and the particulars which open and exposed so that there is no attempt at an ambush or giving of room to which the respondent would say he was left in the dark of what he was to defend on appeal or that they are unable to understand or appreciate the complaint in the said ground.”

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