Where a party seeks to raise a fresh point in the Supreme Court, he must: (a) obtain leave of the Supreme Court (b) ensure that the new points sought to be so raised involve substantial issues of substantive or procedural law which need to be allowed to prevent an obvious miscarriage of justice. (c) show that no further evidence is required to resolve the issue for determination.
– Musdapher, J.S.C. Pinder v. North (2004)
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The question whether the 2nd and 3rd respondents were properly joined as “third parties” in the suit has not been raised as an issue in this appeal by any of the parties. I do not, therefore, propose to make any comment on the subject.
— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993
It is trite that a respondent to an appeal in his reply to the appellant’s brief must confine himself within the issues arising from the grounds of appeal.
– ADEKEYE JCA. Anyafulu v. Agazie (2005)
Let me take the first issue, which looks to me a double – barrelled one. I say this because it involves both adjectival law as well as substantive law.
— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89
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)
‘The law is that, an issue for determination must flow from and be supported by a ground of appeal. see Jimoh Garuba v. Isiaka Yahaya (2007) 1 SCNJ 352; Khaled Chami v. UBA Plc (2010) 2 SCNJ 23 at P.36.’
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
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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