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PROLIFERATION OF ISSUES IS CONDEMNED

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The appellants formulated eight issues for determination, while the respondents formulated four issues. I will not reproduce the twelve issues here. I do not have such space. But I have enough space to ask what are eight issues doing in an appeal that has only five grounds of appeal? This Court has condemned proliferation of issues. As a matter of procedure, issues should not outnumber grounds of appeal. This is because issues are framed from one or more grounds of appeal, preferably more than one ground of appeal. The reverse position is the practice and it is that grounds of appeal outnumber issues. See generally Attorney-General Bendel State v. Aideyan (1989) 4 NWLR (Pt. 118) 646; Ugo v. Obiekwe (1989) 1 NWLR (Pt. 99) 566; Adelaja v. Farouk (1990) 2 NWLR (Pt. 131) 137; Anonk Lodge Hotels Ltd, v. Mercantile Bank of Nigeria Ltd (1993) 3 NWLR (Pt. 284) 72.

— Niki Tobi, JSC. Mozie & Ors. v. Mbamalu & Ors. (2006) – S.C.345/2001

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COURT IS TO CONSIDER ALL ISSUES PLACED BEFORE IT

There is no doubt, that, generally, the court below ought to have considered all issues placed before it for determination not being the final court on the matter. But a litigant can only be heard to complain if the issue not so considered is material and substantial in the particular circumstance. See Onifade V. Olayiwola (1990) 7 NWLR (Pt.161) 130 at 159 and if the appellant had suffered any miscarriage of justice. See; State V. Ajie (2000) FWLR (Pt.15) 2831 at 2842.

— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002

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FAILURE TO APPEAL FOR ISSUES NOT HEARD BY THE LOWER COURT

It is obvious that the respondent has not appealed against the failure of the court below to consider other issues raised before it. The inference that can rightly be made from that position is that they took a chance that the judgment of the court below would be affirmed by this court. Having regard to what I have said above on the only issue considered by the court below, it is manifest that the risk taken by the respondent has not enured in its favour. On the other hand, as already observed, the trial court had found for the plaintiff/appellant in respect of all his claims against the respondent. As those findings remained undisturbed, it would not in my humble view, be right in the circumstances to now deny the appellant of the fruits of his success by remitting the case to the court below for the consideration of the issues that the court deliberately left unconsidered in its judgment. The justice of the case demands that the appellant should be granted all his claims as found by the trial court. And it is hereby granted accordingly.

— Ejiwunmi JSC. Melwani V. Five Star Industries Limited (SC.15/1994, 25 January 2002)

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COURT DEALS WITH LIVE ISSUES

This court deals with live issues and there is no need beating a dead horse as it will never rise again.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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ARGUMENT IN SUPPORT OF ISSUES MUST BE TRACED TO THE ISSUES

It must be emphasised that issues for determination in an appeal must arise from the grounds of appeal filed by the appellant. Equally arising from this statement of the law is that the arguments in support of the issues must be traced to the issues and the grounds of appeal from which such issues were framed. I say no more.

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

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PROPER APPROACH TO ISSUES OF FACT

In Adeyeye v. Ajiboye (1987) 3 N.W.L.R. (Pt.61) 432 at p.451, I referred to what I thought was the proper approach to the issues of fact and findings of fact by trial Courts viz: “The proper approach for any trial court is first set out the claim or claims; then the pleadings, then the Issues arising from those pleadings. Having decided on the issues in dispute the trial Judge will then consider the evidence in proof of each issue, then decide on which side to believe and this has got to be a belief based on the preponderance of credible evidence and the probabilities of the case. After this the trial Judge will then record his logical and consequential findings of fact. It is after such a finding that the trial court can then discuss the applicable law against the background of his findings of fact.”

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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AN ISSUE IS THE QUESTION FOR RESOLUTION WHICH DETERMINES THE DISPUTE

That is to say the appellant having succeeded in establishing that the respondent’s application to register the foreign judgment was filed out of time, the need to rely on the other issues to arrive at the same result is quite necessary. An issue is the question in dispute between the parties necessary for determination of the suit or appeal. An issue, which is normally raised by way of a question, is usually a proposition of law or fact in dispute between the parties necessary for determination by the court, a determination which will normally affect the result of the suit or appeal. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt.110) 417; Okoromaka v. Chief Odiri (1995) 7 NWLR (Pt.408) 411 and Olafisoye v. Federal Republic of Nigeria (2004) 4 NWLR (Pt.864) 580 at 641-642 … As the determination of the five issues in the appellant’s brief of argument will not affect the result of this appeal, the issues have ceased to be the real issues for determination between the parties in this appeal. This is because courts of law are not established to deal with hypothetical and academic questions. Courts are established to deal with life issues which relate to matters in difference between the parties. See National Insurance Corporation v. Power and Industrial Engineering Co. Ltd. (1986) 1 NWLR (Pt.14) 1 at 22; Akeredolu v. Akinremi (1986) 2 NWLR (Pt.25) 710 at 728; Ekperokun v. University of Lagos (1986) 4 NWLR (Pt.34) 162 at 179; Titiloye v. Olupo (1991) 7 NWLR (Pt.205) 519 at 534; Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt.622) 290 at 330 and Macaulay v. R.Z.B. of Austria (2003) 18 NWLR (Pt.852) 282 at 300.

— M. Mohammed, JSC. Marine Co. v Overseas Union (2006) – SC.108/2001

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