Generally, it is the duty of an appellate court to consider all issues placed before it for determination. But where the court is of the view that a consideration of one of the issues is enough to dispose of the appeal, it is not under any obligation to consider all the other issues posed for determination. See Onochie V. Odoewu (2006) 2 SCM 95, (2006) 2 SCNJ 1.
— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002
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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
It must be emphasised that issues for determination in an appeal must arise from the grounds of appeal filed by the appellant. Equally arising from this statement of the law is that the arguments in support of the issues must be traced to the issues and the grounds of appeal from which such issues were framed. I say no more.
— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001
But he should know that once the issues for determination have taken full account of the grounds of appeal filed, he ought not to abandon those issues and base his arguments on the grounds of appeal one by one. Quite apart from the intendment of the Rules, that argument in a brief shall be based on the issues, the advantage of this is that whereas a successful argument of a ground of appeal does not necessarily result in the appeal being allowed.
– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)
Issues for determination are formulated’ and not supposed to be argumentative’ as formulated. The parties are expected to coin their issues for determination as precise as possible with professional elegance and brevity but without sacrificing its essential messages. By practice, issues formulated are different from issues argued or arguments on issues. Arguments or analogies on issues formulated are not to be contained in the issues so formulated. Arguments and analogies are to be supplied separately to amplify on the issues so formulated. The Respondents’ Counsel is found inadequate in this regard for formulating convoluted issues for determination at pages 7-8 of the Respondents’ Brief.
— S.D. Bage, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006
In Saliba v Yassin (2002) 4 NWLR (pt. 756) 1, this court stated clearly that all appeals are decided upon the issues formulated for determination. What this means is that any matter not covered by any issue for determination is of no moment.
— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)
Need I remind the Appellant’s counsel that it is still a valid general principle that where a party seeks to raise a fresh issue on appeal, as he tried to do in this appeal, he must seek the leave of Court. Where he fails to do so, the issue, which ipso facto is rendered incompetent, would be liable to be struck out.
– A. Aboki JSC. Obi v. Uzoewulu (2021)
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