WHEN IS AN ISSUE ON APPEAL EXTRANEOUS

COURT REFORMULATING AN ISSUE MUST BE ROOTED IN THE GROUNDS OF APPEAL

It follows therefore, that when reformulating the issues crafted by the contending parties, as the issues in controversy, the Court of Appeal must ensure that such re-formulated issue(s) have foundation and are rooted in the grounds of appeal contained in the notice of appeal before it. The power of the Court of Appeal is limited to reformulating issues that are capable of addressing the grievance of an appellant, who has taken all necessary steps to ventilate his grievance against the decision of a trial court, the Court of appeal has no business engaging in crafting fancy and flowery issues for determination in the abstract, employing words that are catchy and tantalizing.

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

ANY MATTER NOT COVERED BY ISSUE FOR DETERMINATION IS OF NO MOMENT

In Saliba v Yassin (2002) 4 NWLR (pt. 756) 1, this court stated clearly that all appeals are decided upon the issues formulated for determination. What this means is that any matter not covered by any issue for determination is of no moment.

— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)

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)

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”.