However, as an intermediate Court and in the event that I am overruled in finding that the issue has been rendered academic having already ruled that latter case filed in 2015 is an abuse, I will proceed to consider the issue of statute bar.
— J.H. Sankey, JCA. Zangye v Tukura (2018) – CA/MK/175/2017
SHARE ON
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
It suffices to state, firstly, that an appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out. – Iguh, JSC. Oshatoba v. Olujitan (2000)
The settled position of the law is that when an issue is not placed before the court for discourse, the Court has no business whatsoever delving into it and dealing with it. A court of law has no business whatsoever delving into issues that are not properly placed before it for resolution, a Court of law has no business being overgenerous and open-handed, dishing out unsolicited reliefs, a Court of law is neither father Christmas granting unsolicited reliefs, nor Knight errant looking for skirmishes all about the place, a Court of law as an impartial arbiter must confine its self to the reliefs sought and the issues before it submitted for resolution.
– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)
The issues formulated by the parties are needlessly overlapping and superfluous in several aspects. The Appellants formulated twelve (12) issues for determination when in actual fact the contention in this appeal appears straightforward. On their part, the Respondents formulated seven (7) issues with inelegant verbosity. This is not necessary in a Court as busy as the Supreme Court, perhaps any Court at all.
— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006
Before considering the arguments of counsel in this appeal, I consider it a matter of cardinal importance to remind counsel of the often made errors in their argument of returning to the grounds of appeal filed after formulating issues for determination based on the grounds of appeal. All arguments in the appeal after formulation of issues should be based on the issues for determination as formulated. See Adelaja v Fanoiki (1990) 2 NWLR (Part 131) 137. Stricto sensu, no reference thereafter ought to be made to the grounds of appeal filed. The essence of the formulation of issues is to narrow the relevant issues in dispute within those so formulated Attorney-General Bendel State v Aidegun (1989) 4 NWLR (Part 118) 646. Hence as the issues arise from the grounds and may and usually encompass a number of grounds of appeal, it is sufficient to argue the appeal on the issues for determination formulated. See Ogbunyinya v Okudo (No.2)(1990) 4 NWLR (Part 146) 551 SC. The approach adopted by counsel in this appeal by arguing the appeal on the grounds rather than on the issues formulated, suggests that sufficient attention was not paid to the formulation of the issues for determination. Vide Egbe v Alhaji (1990) 1 NWLR (Part 128) 546. –
Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989
I may here repeat what I said in the case of Standard Consolidated Dredging & Construction Company Limited v. Katonecrest Nigeria Limited (1986) 5 N.W.L.R. (Pt.44) 791, at p.799 where I said: “The above manner of wording the issues for determination in both briefs raises two necessary questions, namely:- (i) what is the meaning of “issues arising for determination” in a Brief and (ii) what are its objects and purpose? As for the meaning of ‘Issue” I cannot do better than borrow the words of Buckley, L.J., in Howel v. Dering & Ors. (1915) 1 K.B. 54, at p.62 thus: “The word can be used in more than one sense. It may be said that every disputed question of fact is in issue. It is in a sense, that is to say, it is in dispute. But every question of fact which is “in issue” and which a jury has to decide is not necessarily “an issue” within the meaning of the rule”. Later he continued: “An issue is that which, if decided in favour of the plaintiff, will in itself give a right to relief, or would, but for some other consideration, in itself give a right to relief; and if decided in favour of the defendant will in itself be a defence.” So it is in an appellate brief, mutatis mutandis. It is not every fact in dispute or indeed every ground of appeal that raises an issue for determination. While sometimes one such fact or ground may raise an issue, more often than not it takes a combination of such facts or grounds to raise an issue. The acid test is whether the legal consequences of that ground or fact, or a combination of those grounds or facts as framed by the appellant, if decided in favour of the appellant, will result in a verdict in his favour. For as Lord Diplock put it in Fidelitas Shipping Co. Ltd. v. V/O Ex-portchleb (1966) 1 Q.B. 630, at p. 642: “But while an issue may thus involve a dispute about facts, a mere dispute about facts divorced from their legal consequences is not “an issue.”
— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985
Click the icons to like, follow, and join JPoetry