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AN ISSUE IS A POINT IN DISPUTE BETWEEN TWO PARTIES – COURT CAN REFORMULATE ISSUE

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Dictum

What then is “an issue”? An issue is a point in dispute between two or more parties. In an appeal, it may take the form of a separate and discrete question of law or fact or a combination of both. In other words, an issue is a point that has arisen in the pleadings of the parties which forms the basis of the dispute or litigation which requires resolution by a trial court. See Black’s Law Dictionary. Ninth (9) Edition, page 907, Metal Construction (WA) Ltd. V. Milgliore & Ors (Vice Versa) (1990) 1 NWLR (pt.126) 299; (1990) 2 SCNJ 20; Egbe V. Alhaji & 2 ors (1990) 1 NWLR (Pt.128) 546 (1990) 3 SCNJ 41, Ishola V. Ajiboye (1998) NWLR (Pt.532) 91. However, where a court finds that there is proliferation of issues or the issues formulated or posed for determination are clumsy or not clear, a court is empowered to reformulate issues in an appeal. This is to give the issue or issues distilled by a party or the parties precision and clarity. See; Okoro V. The State (1988) 12 SC 191, (1988) 12 SCNJ 1911 Latinde & Anor V. Bella Lajunfin (1989) 5 SC 59, (1989) 5 SCNJ 59, Awojugbagbe Light Industries Ltd. V. P. N. Chinukwe & Anor (1995) 4 NWLR (pt.390) 379, (1995) 4 SCNJ 162, Lebile V. The Registered Trustees of Cherubim & Seraphin Church of Zion of Nigeria, Ugola & 3 Ors (2003) 2 SCM 39, (2003) 1 SCNJ 463.

— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002

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ISSUE DISTILLED FROM COMBINED GROUNDS WILL BE SAVED WHERE ONE GROUNDS SUPPORTS IT

However, issue four which was partly distilled from grounds 6 and also from ground 7 and 8 should in my view be saved by the competent grounds 7 and 8 and is thus not liable to be struck out along with the incompetent ground 6. See Order 7 Rule 3 of the Court of Appeal Rules 2016. See also 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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APPEAL COURT CAN FORMULATE ISSUES

This Court and indeed an Appeal Court has the power to adopt or formulate issues that in its view would determine the real complaints in an appeal.

– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)

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WHEN IS AN ISSUE ON APPEAL EXTRANEOUS

An issue is said to be extraneous, when it was neither raised nor canvassed at the trial court on pleadings and in the evidence of the parties.

– Ogbuagu JSC. Ogundele v. Agiri (2009) – SC

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COURT CANNOT PRONOUNCE ON ISSUE NOT RAISED

Nnaemeka-Agu, J.S.C., expressed similar views in a recent case Niger Progress Ltd. v. North East Line Corporation (1989) 3 NWLR (Pt.107) 68 at p. 100 viz: “In the instant case whether or not the writ was duly indorsed… is not only new, but one which should have been resolved one way or the other in the Court of trial. It ought to have occurred to learned counsel that this Court cannot make any pronouncement on the endorsement or Service of the Writ when such an issue was never placed before the lower Court … even a notice to raise a point not raised in the Court below … can never serve as a licence for introducing new and separate issues.”

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COURT SHOULD NOT DETERMINE ISSUES MEANT FOR THE SUBSTANTIVE CASE AT THE PRELIMINARY STAGE

It is the settled position of the law that a court should not comment on or decide at preliminary stage matters or issues which are supposed to be decided in the substantive case. See: NWANKWO & ORS v YAR’ADUA & ORS (2010) LPELR-2109(SC), at page 71, paras. B-F, per Commassie, JSC; and OCHOLI ENOJO JAMES, SAN v INEC & ORS (2015) LPELR-24494(SC) at page 92, para. G, per Okoro, JSC.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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DUTY OF AN APPELLATE COURT TO EITHER ADOPT, REFRAME OR FORMULATE NEW ISSUES IN THE DETERMINATION OF AN APPEAL

“In Considering the issues for determination in an appeal formulated in the briefs of argument of the parties, an appellate court can, either adopt or reframe or even formulate new issues, in the determination of the appeal. This is the law as enunciated in the case of FRN V. Ogbegolu (2006) 18 NWLR (PT. 1010) P. 188 @ 225 where it was held that, after examining the issues for determination, it is the duty of an appellate court to either adopt those in the briefs of argument or formulate new ones which he believes would determined the real complaint or grievances of the appellant. See also Adaku Vs Ajeh (1994) 5 NWLR (PT. 346) P. 582 and Ikegwuha V. Ohawuchin (1996) 3 NWLR (PT. 435) P. 146.”

— I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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