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REQUIREMENT FOR INDICATION OF WHAT GROUND AN ISSUE WAS RAISED FROM

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Dictum

The primary purpose of the requirement that counsel should indicate from which of the grounds of an appeal issues raised in their brief of argument are derived, is to narrow and specifically identify the grounds from which such issues were distilled so as to readily show if they are valid and competent issues derived from competent grounds of the appeal. With the clear and express indication of the grounds of the appeal from which the two (2) issues raised in the Appellant’s brief, are distilled, the issues cannot reasonably be said to have been formulated from the other grounds not indicated in the issues. Beyond argument, the law still remains that grounds of appeal from which no issue was distilled or formulated (or indicated to have been distilled) are deemed abandoned.

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

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ISSUE RAISED MUST BE RELATED TO A COMPETENT GROUND OF APPEAL

Issues arising for determination of an appeal are determined by the number of competent grounds of appeal filed by the appellant challenging the decision of the court being appealed against. The law is that neither a party nor a court is permitted to raise or deal with any issue which is not related to or does not arise from any ground or grounds of appeal. See Oniah v. Onyia (1989) 1 NWLR (Pt.99) 514; Nwosu v. Udeaja (1990) 1 NWLR (Pt. 125) 188 and Mark v. Eke (2004) 5 NWLR (Pt.865) 54 at 82. Therefore since the two issues formulated in the 1st respondent’s brief have the backing of the grounds of appeal filed by the appellants, they are relevant for the determination of this appeal. The remaining four issues in the appellants’ brief are equally potent having regard to the grounds of appeal in their support.

— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

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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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GROUND WILL BE ABANDONED WHERE NO ARGUMENT SUBMISSION FOR SAME

I have to observe that learned counsel for the appellants did not make any submission in relation to issue No C as formulated by him in the brief of argument and is consequently deemed to have been abandoned.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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ISSUE MUST HAVE A GROUND OF APPEAL SUPPORTING IT

Issues for determination numbers (1), (3), (4) and (6) are based on no grounds of appeal at all or upon grounds 4 and 5 which had already been struck out. This should not be. Counsel will do well to remember that issues for determination must arise from and relate to the grounds of appeal filed, and no more. Conversely, any issue for determination which has no ground of appeal to support it is worse than useless: See on this Osinupebi v Saibu & ors. (1982) 7 S.C. 104 at pp. 110-111; also Western Steel Works Limited & Anor. v. Iron & Steel Workers Union of Nigeria (1987) 1N. W.L.R. (Part 49) 284, at p. 304.

— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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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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NATURE OF A GROUND OF APPEAL

Grounds of appeal are meant to attack findings of a court that have bearing on the case put up by a litigant. In other words, it should be related to a decision of the court and contain complaints an appellant rely on to succeed in setting aside a decision, the ratio decidendi of a judgment, not just observations and passing remarks of a Judge in the course of writing a judgment.

– Mukhtar JSC. Nwankwo v. Ecumenical (2007)

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