Where the complaint in the ground of appeal is one of misunderstanding by the court of the law or misapplication of the law to the facts already established, it is a ground of Law. Where the ground of appeal disputes or questions the evaluation of facts by the court before applying the law, it is a ground of mixed law and fact.
– Rhodes-Vivour JSC. Nwaolisah v. Nwabufoh (2011)
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In Union Bank of Nigeria Ltd v Nwaokolo (1995) 6 NWLR (Part 400) 127: “The appellants, as clearly depicted on the Record and in the brief of argument they filed, had identified three issues for the consideration of the court below. It is also on record that appellants argued fully all three issues and by implication, the eight grounds, to which they related. At the hearing of the appeal by the court below, it is common ground that the appellants adopted their brief of argument. However, without justification the majority judgment of that court now assailed before this Court, failed to pronounce on Grounds 4, 5 and 6 covered by appellants’ Issues 2 and 3 thereat, both of which have prompted Ground 2 in the appeal to this Court which incidentally, is covered by Issue 2 now under consideration. The judgment of the majority in the court below neither adverted to nor pronounced on these grounds (4, 5 and 6 respectively).” “Having considered the grounds (4, 5 and 6) which the court below failed to consider or pronounce upon, the next logical question to ask is, what are the consequences of such a failure? Failure to consider grounds of appeal, it is now established by decisions of this Court, amount to lack of fair hearing and a miscarriage of justice. (See Atano v AG Bendel (1988)2 NWLR (Part 75) 201). See also Kotoye v CBN (1989) 1 NWLR (Part 98) 419 where Nnaemeka-Agu, JSC held at page 448 of the Report thus:- ‘For the rule of fair hearing is not a technical doctrine. It is one of substance. The question is not whether a party entitled to be heard before deciding had in fact been given an opportunity of hearing. Once an appellate court comes to the conclusion that the party was entitled to be heard before a decision was reached but was not given the opportunity of a hearing the order/judgment thus entered is bound to be set aside.’ Fair hearing within the meaning of Section 33(1) of the 1979 Constitution means a trial conducted according to all legal rules formulated to ensure that justice is done to the parties vide Ntukidem v Oko (1986) 5 NWLR (Part 45) 909.”
An issue is derived from a ground where the subject matter of the issue is the same as the subject matter of the complain in the ground. As this court has established in a long line of cases overtime, any issue raised for determination in an appeal that is not based on or covered by any ground of the appeal is not valid for consideration and must be struck out.
– Agim JSC. Pillars v. William (2021)
It is trite law that one issue can contain many consistent grounds of appeal, but a single ground of appeal cannot give rise to two or more issues.
– Denton West JCA. Salaja v. Salaja (2013)
A principle of formulation of issues in appeal is that the grounds of appeal should in no circumstance be less than the issues for determination. While the Court may tolerate equal number of grounds of appeal and issues framed therefrom, as in this case, a situation where there are less grounds of appeal than issues for determination will not be tolerated. See Agu v. Ikewibe (1991) 3 NWLR (pt. 180) 385; A-G Bendel State v. Aideyan (1989) 4 NWLR (pt. 118) 646; Ugo v. Obiekwe & Anor (1989) 1 NWLR (pt. 99) 566.
— N.S. Ngwuta, JSC. Odogwu v State (2013) – SC.122/2009
In Enterprise Bank Ltd. v. Deaconess F. Bose Aroso & 5 ors. Suit No.166/2003 judgment delivered on the 12th of April, 2013: “Before making the distinction between grounds of law, mixed law and facts, and facts, first of all read carefully the ground of appeal and its particulars to understand thoroughly the substance of the complaint. Find out if the ground of appeal contests facts. If it does it can only be a ground of facts or mixed law and facts. Once facts are not in dispute. That is to say facts are settled, a ground of appeal can never be on facts or mixed law and facts. The ground of appeal can only complain of the wrong application of the law to settled facts and that is a ground of law. It is very easy to identify a ground of appeal on facts.”
In my opinion, Issue (A) is not based on any of the seven grounds of appeal filed by the appellant. I will have to therefore, discountenance it.
— Uwais, CJN. Momah v VAB Petro (2000) – SC. 183/1995
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