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PURPOSE OF ISSUE FORMULATION IN AN APPEAL

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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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ISSUES FORMULATED ARE NOT SUPPOSED TO BE ARGUMENTATIVE

Issues for determination are formulated’ and not supposed to be argumentative’ as formulated. The parties are expected to coin their issues for determination as precise as possible with professional elegance and brevity but without sacrificing its essential messages. By practice, issues formulated are different from issues argued or arguments on issues. Arguments or analogies on issues formulated are not to be contained in the issues so formulated. Arguments and analogies are to be supplied separately to amplify on the issues so formulated. The Respondents’ Counsel is found inadequate in this regard for formulating convoluted issues for determination at pages 7-8 of the Respondents’ Brief.

— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006

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JUDGEMENT MUST BE CONFINED TO PARTIES ISSUES

This is because it is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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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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WHAT IS AN ISSUE?

In the case of Olafisoye v. FRN (2004) LPELR-2553 (SC), the Supreme Court per Tobi, JSC, held that: “An issue is the question in dispute between the parties necessary for the determination of the Court, see Chief Ejowhomu v. Edok-Eter Mandalis Limited (1986) 5 NWLR (Pt. 39) 1. An issue which is usually raised by way of a question is usually a proposition of law or fact in dispute between the parties, necessary for the determination by the Court; a determination of which will normally affect the result of the appeal. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt. 110) 417. Issues for determination of appeal, are short questions raised against one or more grounds of appeal and are meant to be a guide to the arguments and submission to be advanced in support of the grounds of appeal. It is a succinct and precise question either of law or of fact for determination by the Court, see Imonikhe v. The Attorney-General of Bendel State (1992) 6 NWLR (Pt. 311) 370. An issue is a disputed point or question to which parties in an action have narrowed their several allegations and upon which they are desirous of obtaining either decision of the Court on question of law, or of the Court on question of fact. See Chief Okoromaka v. Chief Odiri (1995) 7 NWLR (Pt. 408) 411”.

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AN APPEAL COURT CAN FORMULATE AN ISSUE – RELATEABLE TO THE GROUND OF APPEAL

From the furore of the complaints of the appellant which seem more academic than based on legal principles, it needs be restated that the Court of Appeal has a wide unfettered discretionary power to formulate its own issues in the interest of Justice, provided they relate to the grounds of appeal and flow therefrom. Stated in other words, an Appeal Court can formulate its own issues where in its opinion, the issues formulated by the parties would not justify or equitably dispose off the appeal before it. Further still, an Appeal Court can also with in the same manner, prefer or adopt the issue or issues formulated by any of the parties to an appeal where same would enable it do justice to the appeal.

– M. Peter-Odili, JSC. Makanjuola v. State (2021)

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WHAT AMOUNTS TO PROLIFERATION OF ISSUES IN AN APPEAL

Now, what would in law amount to proliferation of issues in an appeal is no longer a vexed issue as it has been pronounced upon severally by the appellate Courts, including the apex Court. While it is true that an issue for determination must flow from the ground(s) of appeal and that this Court has the power to formulate issues for determination in appropriate and deserving circumstances or to re-formulate or modify the issues formulated by the parties, it is well settled law that an Appellant, as well as a Respondent, is not permitted or allowed to raise issues in excess of the grounds of appeal and that where the number of issues formulated are more than the number of the grounds of appeal it amounts to nothing but a proliferation of issues, which in law is not acceptable. See Dr. Arthur Agwuncha Nwankwo & Ors. v. Alhaji Umaru Yar’Adua & Ors. (2010) 12 NWLR (Pt. 1209) 518. See also Unilorin v. Oluwadare (2003) 3 NWLR (Pt. 808) 557;Padawa v. Jatau (2003) 5 NWLR (Pt. 813) 243; Sogbesan v. Ogunbiyi (2006) 4 NWLR (Pt. 969) 19; Agu v. Ikewibe (1991) 3 NWLR (Pt. 130) 385;Adelusola & Ors v. Akinde & Ors (2004) 12 NWLR (Pt. 887) 295.

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

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