USING BOTH SIMILAR GROUNDS FROM ORIGINAL NOTICE OF APPEAL AND AMENDED NOTICE OF APPEAL

Equity follows the law and does always look at the substance and not the form. The 3rd Respondent on this point of his preliminary objection appears to be blighted by the form, and not the substance. Upon my careful perusal of grounds 1, 2, 3 & 6 of the Amended Notice of Appeal they appear to be substantially the replication of grounds 1, 2 & 3 of the original notice of appeal, grounds 4 in the original notice of appeal and the amended notice of appeal and the amended notice of appeal are identical. Similarly, ground 5 in the original notice of appeal was replicated, in ground 5 of the amended notice of appeal. The two grounds are identical. I do not, therefore, think that the respondents in the appeal have been misled, embarrassed or in any way prejudged by the Appellants merely indicating that their issue 1 has been formulated from original grounds 1, 2 & 3 as well as grounds 1, 2, 3 & 6 in the Amended Notice of Appeal. The Respondents similarly are not misled and prejudiced by the Appellants indicating that issues 2 & 3 are issues the subject of identical grounds 4 & 5 in both the original notice of appeal and the Amended Notice of Appeal respectively. Therefore, using blue pencil rule to discountenance, references, in the Appellants’ issues for determination of the appeal in their brief, to grounds 1, 2, 3, 4 & 5 in the original notice of appeal filed on 9th August, 2016 will, in the peculiar facts of this case, meet the ends of substantial justice. Courts these days strive to doing substantial justice as they now turn away from arcane technicality.

— Ejembi Eko, JSC. Oboh & Anor v. NFL (SC.841/2016, January 28, 2022)

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NATURE & SCOPE OF OMNIBUS GROUND OF APPEAL

It is important to bear in mind the nature and scope of omnibus ground of appeal in civil cases. It must be stressed that when a complaint is against the weight of evidence, the complaint is of necessity against the totality of the evidence adduced before the court and not on a finding of fact on a specific issue or document as the case may be. In the latter case, the finding should be raised as a substantive ground of appeal. See Ndiwe v. Okocha (supra). It cannot be used to raise issues of or errors in law. The complaint questions the appraisal and evaluation of all the evidence adduced and not the weight to be attached to any particular piece of evidence.

– Ogwuegbu JSC. Ajibona v. Kolawole (1996)

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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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CANNOT FRAME MORE ISSUES THAN THE NUMBER OF GROUNDS

The law is well settled that in practice, there should be no proliferation of issues. Therefore out of three grounds of appeal, an appellant cannot formulate or frame four issues. In other words, a party cannot frame more issues than the number of grounds of appeal.

– Adumein JCA. Adewoyin v. Executive Governor (2011)

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WHEN IS A GROUND OF APPEAL SAID TO BE VAGUE

The case of Hassan v. Buhari and Ors., (2022) LPELR – 56677 (CA), where this Court per Abiru, JCA, explained what constitutes a vague ground of appeal, as follows: “Now, a ground of appeal is said to be vague and imprecise when it is couched in a manner which does not provide any explicit standard for its being understood or when what is stated is so uncertain that it is not susceptible of being understood. It may also be considered vague when the complaint is not defined in relation to the subject or it is not defined in relation to the subject or it is not particularized or the particulars are clearly irrelevant – Central Bank of Nigeria v. Okojie (2002) 8 NWLR (Pt. 768) 48, Governor, Ekiti State v. Osayomi (2005) 2 NWLR (Pt. 909) 67, Imam v. Sheriff (2005) 4 NWLR (Pt. 914) 80 and Nwabueze v. Nwora (2005) 8 NWLR (Pt. 926) 1. In other words, where the complaint in a ground of appeal is discernible vis-a-vis the judgment of a lower Court, the ground of appeal cannot be said to be vague or imprecise”.

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A GROUND OF APPEAL CANNOT BE BASED ON AN OBITER DICTUM

The law is trite that a ground of appeal cannot be based on an obiter dictum. A ground of appeal is based on a ratio decidendi. An obiter dictum is, as a general principle of law, not binding on courts; a ratio decidendi is.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

GROUND OF APPEAL WHICH NO ISSUE HAS BEEN FORMULATED WILL BE STRUCK OUT

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USING BOTH SIMILAR GROUNDS FROM ORIGINAL NOTICE OF APPEAL AND AMENDED NOTICE OF APPEAL

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NATURE & SCOPE OF OMNIBUS GROUND OF APPEAL

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GROUNDS WHERE NO ISSUES ARISE FROM ARE DEEMED STRUCK OUT

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CANNOT FRAME MORE ISSUES THAN THE NUMBER OF GROUNDS

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WHEN IS A GROUND OF APPEAL SAID TO BE VAGUE

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A GROUND OF APPEAL CANNOT BE BASED ON AN OBITER DICTUM

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