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PURPOSE OF ISSUE FORMULATION IN AN APPEAL

Dictum

It is necessary to emphasise the purpose of formulating issues for determination in briefs. Like pleadings to a litigation between the parties the issues formulated are intended to accentuate the real issues for determination before the Court. The grounds of appeal allege the complaints of errors of law, fact or mixed law and fact against the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed.

— Karibe-Whyte, JSC. Adebanjo v Olowosoga (1988) – SC 134/1986

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COURTS OF LAW HAS A DUTY TO PRONOUNCE ON ALL ISSUES RAISED

The Apex Court had occasion to emphasize the essentiality of lower courts pronouncing on all issues properly raised before them. It held, in the case of C.N. Okpala & Sons Ltd v Nigerian Breweries PLC (2018) 9 NWLR Part 1623 Page 16 at 28 Para G-H per Okoro JSC, as follows: “In several decisions of this court, it has been repeatedly held that all lower courts, as a general rule, must pronounce on all issues properly placed before them for determination in order, apart from the issue of fair hearing, not to risk the possibility that the only issue or issues not pronounced upon are crucial, failure to pronounce on them will certainly lead to a miscarriage of justice. There is therefore need for every court or tribunal to make findings and pronounce on material and fundamental issues canvassed before it by the parties because failure to do so, as I said earlier, may result in a miscarriage of justice.”

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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APPEAL COURT MUST DECIDE ALL RELEVANT ISSUES WITHIN THE RECORD

It is good law that an appellate court must examine and decide on all relevant issues in the appeal. That is what the Court of Appeal did and I cannot fault the court. This court cannot gag the Court of Appeal in the re-evaluation of evidence, as long as the court does that within the precinct or purview of the Record, and that is exactly what the court did; and so, a full stop.

— Niki Tobi JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003

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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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ISSUE CANVASSED BELOW CAN BE DECIDED BY SUPREME COURT EVEN IF NOT APPEALED

There is however an aspect which offends against the provisions of our Constitution relating to the guaranteed freedom of association. There is no ground of appeal before us by the appellant or a cross-appeal by the respondent covering this point. However, the issue was canvassed in the court below. Unfortunately, the court below expressed no opinion on it. This Court can in exercise of its powers under Section 22 of the Supreme Court Act, Cap. 424 decide the issue.

– Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989

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WHEN COURT RAISES AN ISSUE, COURT SHOULD DO WELL TO GIVE PARTY OPPORTUNITY TO ADDRESS IT ON THE ISSUE

But there is nothing in the case of Lawrence Okafor & Ors. v. Felix Nnaife & ors. (1972) 3 E.C.S.L.R. 261, which the learned trial Judge relied upon to support his decision to suggest that the court could take up the point and decide it without hearing the parties. Indeed in that case when the Supreme Court felt that point needed to be taken, their Lordships invited counsel on both sides to address the court on the point, before they decided it. It is basic and fundamental in our system of administration of justice that no one can have a decision entered against him without his being heard. This is the essence of the maxim: audi alterant partem. That maxim implies not only that all the parties to be affected by a decision are entitled to be heard in the case on hand before the decision is given but also that if, in the course of hearing, any new point material to the decision arises, each of such parties shall be heard on it before a decision based upon it can rightly be handed down. Quite apart from this, a Judge who in our system must be and be seen as an impartial umpire will be anything but that if he takes up a material point, no matter how clear it may appear, and, without hearing any of the parties to be affected by the decision, decides it. That cannot be even-handed justice. A court ought never raise an issue for either of the parties and, without hearing both parties proceed to base its judgment on it. See Inua v. Nta (1961) 1 ALL N.L.R. 576; Ejowhomu v. Edok-Eter Ltd. (1986) 5 N. W.L.R. (Pt.39) 1. So, the Court of Appeal was right on that ground.

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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ISSUE REFORMULATED BY COURT MUST BE ROOTED IN THE GROUNDS OF APPEAL

I have no doubt at all, that a court has the inherent power, in the interest of justice, to reject, modify or re-frame issues distilled for the determination of a case before it. However, the exercise of this power is not open ended or limitless, the issue so formulated must be rooted in the grounds of appeal, the Court must ensure that any issue so modified, or re-formulated comes within the ambit of the complaint contained in the grounds of appeal.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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