The principle to guide the court in deciding whether a ground of appeal is incompetent is as laid down in the case of Aderounmu v. Olowu (supra) at pages 265 – 266 which has been cited and relied upon by both counsel in this appeal. In that case, Ayoola JSC stated the law, inter alia , as follows: “… what is important in a ground of appeal and the test the court should apply is whether or not the impugned grounds show clearly what is complained of as error in law and what is complained of as misdirection or as the case may be, error of fact . The view, with which I am inclined to agree, is expressed in the Court of Appeal. See the case of Nteogwuija and Ors. v. Ikuru and Ors. (1998) 10 NWLR (Pt. 569) 267 at 310, that the mere fact that a ground of appeal is framed as an error and misdirection does not make it incompetent. In my view, only general propositions can be made in a matter in which the question is not as to form. Ultimately, it is for the court before which the question is raised to decide whether viewed objectively, the ground satisfies the requirements of preciseness and clarity … what makes a ground incompetent is not whether it is framed as an error and a misdirection but whether by so stating it, the other side is left in doubt and without adequate information as to what the complaint of the appellants actually is.”
— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)