In regard to the second issue, that is, as to the court’s action in formulating its own issues suo motu and without calling upon learned counsel to address him, this court has always frowned upon a Court of Appeal arrogating to itself determination of issues that were not placed before it. The Court of Appeal has constitutional jurisdiction to take appeals from decisions in criminal or civil proceedings before the High Court and not proceedings which were not before the High Court. A Court of Appeal in its majesty awaits the decisions of the High Court and not manufacture decisions to be appealed against. To say the least it is not even dignifying.
— Eso, JSC. Saude v. Abdullahi (1989) – SC.197/1987