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COUNSEL SHOULD INDICATE WHAT GROUND AN ISSUE WAS RAISED FROM

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As can be observed, the issues formulated in the Appellant’s brief are indicated to have distilled from grounds 2 and 8 of the Appellant’s Notice of Appeal while there is no indication by the Respondent’s Counsel, from which of the grounds of the appeal, since there is no cross appeal here or a Respondent’s notice, the additional issue was raised. The requirement of diligent of brief writing in the appellate Courts is that counsel should indicate from which grounds of an appeal every issue/s submitted for determination in an appeal, was/were distilled.

– Garba, JCA. Dunlop v. Gaslink (2018)

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grounds of appeal

GROUNDS OF APPEAL MUST BE BASED ON THE CONTROVERSY / DISPUTE

In all cases, the subject matter for determination must be an issue in controversy between the parties. The decision appealed against must have decided the issue. In every appeal, the issue or issues in controversy are fixed and circumscribed by a statement of the part of the decision appealed against. Hence, the grounds of appeal must ex necessitate be based on such issues in controversy – See Niger Construction Co. Ltd v. Okugbeni (1987)4 NWLR. (Pt.67) 787. Where a ground of appeal cannot be fixed and circumscribed within a particular issue in controversy in the judgment challenged, such ground of appeal cannot justifiably be regarded as related to the decision. A fortiori, no issue for determination can be formulated therefrom.

— A.G. Karibe-Whyte, JSC. Saraki v. Kotoye (1992) – S.C. 250/1991

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GROUNDS WHERE NO ISSUES ARISE FROM ARE DEEMED STRUCK OUT

It is trite that by the rules of practice and procedure, in particular, of the appellate Courts, appeals are to be determined on the issues distilled from the competent grounds of appeal raised against the judgment being appealed. Therefore, any ground of appeal from which no issue has been formulated is deemed to have been abandoned and is liable to be discountenanced and struck out by the Court. Indeed, any such ground is lifeless and may not need a specific order to have it struck out yet should still be struck out. In this appeal, no issue has been formulated from grounds 4, 5, 6, 7 & 8 of the Amended Notice of Appeal. Meaning that those grounds are deemed abandoned. Accordingly, the said grounds 4, 5, 6, 7 & 8 are struck out.

— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013

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TWO ISSUES CANNOT ARISE FROM A SINGLE GROUND OF APPEAL

‘Unarguably, issues No. 1 and 2 were distilled from ground 1, albeit with other grounds of appeal Mr Ajayi for the appellant, had no answer to the contention of Mr. Falana, for the respondents, on this vital issue of law Thus, I take it that he has conceded to it. The law is that a ground of appeal is not to be split into two issues. That is, a ground of appeal is not to carry two issues or put in another way, two issues are not to be formulated from a ground of appeal. See the more recent decision of the Supreme Court in Adekunle Teriba v. Ayoade Tiamiyu Adeyemo (2010) 4 SCNJ 59 at P.67. Thus, whilst one issue for determination is permitted to be distilled from one ground of appeal or two or more grounds of appeal, two issues for determination cannot be distilled from one ground of appeal, otherwise both the issues and the ground of appeal will be liable to be struck out as being incompetent. See: Odoemena Nwaigwe and Ors v. Nze Edwin Okere (2008) 5 SCNJ 256; Yadis Nig. Ltd. v. Great Nigeria Insurance Co. Ltd. (2007) 5 SCNJ 86.’

— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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ISSUES OF DETERMINATION ARISE FROM APPEAL GROUNDS

It is settled law that issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta or be formulated in vacuo , as issue 5 in the instant case. – Onnoghen JSC. Chami v. UBA (2010)

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A VAGUE GROUND OF APPEAL IS INCOMPETENT

I have taken a calm look at ground 6 and considered the submissions of counsel to the respective parties and it does appear to me that though the law is that a ground of appeal should not be considered in isolation of its particulars in order to understand its purports, yet it is also the law that a ground of appeal which defies understanding or is not particularized or indeed contains irrelevant particulars is simply a vague ground of appeal and thus incompetent. See CBN and Anor v. Okojie and Ors (2002) LPELR- 836 (SC).

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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ISSUE CANNOT ARISE OUT OF NONEXISTENT GROUND OF APPEAL

The Respondent seeks to attack the ground of appeal as part of its response to issue no (i). The purpose of issues for determination, is to identify what the issues in the grounds of appeal are. An issue cannot be formulated out of a non-existent or invalid ground of appeal. Therefore, all the arguments canvassed by the Respondent attacking the legitimacy of the two grounds of appeal which were not predicated on the grounds of appeal filed in this appeal, are discountenanced and struck out.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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