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ISSUES SHOULD NOT BE MORE THAN THE GROUND OF APPEAL

Dictum

The principle of law is that the grounds of appeal should in no circumstance be less than the issues for determination. Since the Respondent did not marry his issues with the grounds of appeal, I am left with one option – to strike out the Respondent’s third issue. Issue three in the Respondent’s brief is hereby struck out as it does not relate to any of grounds one or two of the appellant’s grounds of appeal. (See Omo v. JSC Delta State (2000) 7 SC (Pt. 11) page 1.

— N.S. Ngwuta, JSC. Henry Nwokearu V. The State (SC.227/2011, 24 MAY 2013)

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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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APPEALING FACTS IN DEATH SENTENCE IS OF RIGHT

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

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INELEGANT GROUND OF APPEAL DOES NOT MAKE AN APPEAL INCOMPETENT

I would want to say in this appeal that where the presentation of the particulars are not elegantly presented that would not be used to punish a litigant to get the ground of appeal struck out for incompetence in a situation where the ground of appeal in substance is valid. See Ogboru v Okowa (2016) 11 NWLR (Pt.1522) 84, 146; Omisore v Aregbesola (2015) 15 NWLR (Pt.1482) 205; Dakolo v Dakolo (2011) 16 NWLR (Pt.1272) 22.

— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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GROUNDS OF APPEAL MUST BE BASED ON THE CONTROVERSY / DISPUTE

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

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GROUND WILL BE ABANDONED WHERE NO ARGUMENT SUBMISSION FOR SAME

I have to observe that learned counsel for the appellants did not make any submission in relation to issue No C as formulated by him in the brief of argument and is consequently deemed to have been abandoned.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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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)

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