It is trite law that an issue for determination in an appeal must relate to and arise from the grounds of appeal filed. Therefore any issue which is not related to any ground of appeal is not only vague but also incompetent and liable to be ignored in the determination of the appeal or struck out.
– Mahmud JSC. Ogiorio v. Igbinovia (1998)
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In Bello v Aruwa (1999) 8 NWLR (Pt.615) 454 it was held that grounds of appeal are not formulated in abstract. They must arise from the judgment in the same way as the issues arise from the grounds of appeal. And however meritorious a ground of appeal may be, it must be connected with the controversy between the parties at the trial court.
In Abiola v Abacha (1997) 6 NWLR (pt.509) 413 it was held that the grounds of appeal must stem from the decision of the court below.
The law is trite that issues for determination must be distilled from the grounds of appeal, which must, in turn arise from the ratio decidendi of the decision appealed against. Black’s Law Dictionary (8th Edition) states clearly that the ratio decidendi of a case is the principle or rule of law upon which a court’s decision is founded. It is the reason for the decision or the reasoning, principle or ground upon which a case is decided. Put differently, the ratio decidendi of a decision can be clearly differentiated from the other parts of the decision referred to as obita dicta or obiter dictum, which simply means “something said in passing.” It is a judicial comment made while delivering a judicial opinion, but one that does not embody the decision of the court. See Oleksander & Ors v. Lonestar Drilling Company Limited & Anor (2015) LPELR-24614 (SC), (2015) 9 NWLR (Pt. 1464) 337; Daniel v. INEC (2015) LPELR – 24566 (SC); (2015) 9 NWLR (Pt. 1463) 113; Ajibola v. Ajadi (2004) 14 NWLR (Pt. 892) 14.
— Okoro, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134
Where the law or rule prescribed the procedure to be taken in the performance of an act is not complied with, the performance of the act in the circumstance is a nullity. Section 233 (3) (a) provides that subject to the provisions of “Subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with leave of the Court of Appeal or the Supreme Court.” In other words, a party desiring to appeal the decision of the Court of Appeal to the Supreme Court on mixed law and facts or facts is required to obtain the leave of the Court of Appeal or the Supreme Court to file the notice and grounds of appeal.
— W.S.N. Onnoghen, JSC. SPDC v Agbara (2019) – SC.731/2017(R)
Inspector Isa Sarki V. John Lamela (2016) LPELR — 40338 (CA), the Court of Appeal stated, “It is the law that where the purpose of an objection is merely to challenge some of the grounds of appeal and not the competence of the entire appeal, the best procedure is by way of a motion on notice since its success would not in any way terminate the entire appeal in limine. On the other hand, where the purpose of an objection is to terminate in limine the entirety of the appeal, the best procedure is by way of a notice of preliminary objection challenging the competence of the entire appeal.”
Where the complaint on a ground of law is clear and succinct, particulars may equate to repetition which is undesirable. Substantial justice must now have pre-eminence over technicality. See: Odoniyi v. Oyeleke (2001) SC 194 at 198; Nwosu v. Imo State Environmental Sanitation Authority (1990) 2 NWLR (pt. 688) 717.
— Fabiyi, JSC. Best Ltd. v. Blackwood Hodge (2011) – SC
✓ In Unity Bank & Anor V. Edward Bonari (2008) 2 SCM 193 at 240, this court had opined thus: “It is now firmly settled that the purpose of reframing issue or issues is to lead to a more judicious and proper determination of an appeal. In other words, the purpose is to narrow the issue or issues in controversy in the interest of accuracy, clarity and brevity.” See also, Musa Sha (Jnr.) & Anor V. Da Ray Kwan & 4 ors (2000) 5 SCNJ 101 (2000) 8 NWLR (Pt 670) 685.
✓ In Sha V. Kwan (supra) at 705 this court has stated thus: “So long as it will not lead to injustice to the opposite side, appellate courts possess the power and in the interest of justice, to reject, modify or reframe any or all issues formulated by the parties…”
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