APPELLATE COURT WILL NOT ALLOW FRESH ISSUE ON APPEAL TO BE TAKEN

FEWER ISSUES ARE ENCOURAGED TO BE RAISED BY PARTIES

Counsel appeared to have worked on the misapprehension that every possible slip raises an issue. The result is that he framed too many issues -nine, for six grounds of appeal. This appears to be a reversal of the usual practice whereby one or two or more grounds raise an issue one ground can never properly raise more than one issue. It must, however, be borne in mind that an “issue” in an appeal must be a proposition of law or fact so cogent, weighty and compelling that a decision on it in favour of a party to the appeal will entitle him to the judgment of the court. This is why, apart from the fact that multiplicity of issues tends to reduce most of them to trifles, experience shows that most appeals are won on a few cogent and substantial issues, well-framed, researched and presented rather than on numerous trifling slips.

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

THE ISSUES ADOPTED BY THE APPELLANT IS TO BE ADOPTED

The issues formulated for determination of this appeal by the parties are similar. However, it is the appellant that is aggrieved by the decision of the lower Court. It is his grievances that are being addressed in this appeal. The respondents duty is to reply to those grievances. This being so, I will adopt the issues formulated by the appellant in the determination of this appeal.

— P.A. Galumje, JSC. Compact Manifold v Pazan Ltd. (2019) – SC.361/2017

COURT CANNOT CONSIDER AN ISSUE NOT PLACED BEFORE IT

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)

PROPER APPROACH TO ISSUES OF FACT

In Adeyeye v. Ajiboye (1987) 3 N.W.L.R. (Pt.61) 432 at p.451, I referred to what I thought was the proper approach to the issues of fact and findings of fact by trial Courts viz: “The proper approach for any trial court is first set out the claim or claims; then the pleadings, then the Issues arising from those pleadings. Having decided on the issues in dispute the trial Judge will then consider the evidence in proof of each issue, then decide on which side to believe and this has got to be a belief based on the preponderance of credible evidence and the probabilities of the case. After this the trial Judge will then record his logical and consequential findings of fact. It is after such a finding that the trial court can then discuss the applicable law against the background of his findings of fact.”

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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.”