Let me also add that, there is nothing in our law or rules which sets a time limit for bringing an application to amend the grounds of appeal, and the Court has a discretion to allow the amendment upon such terms as it may deem just. See IBRAHIM VS. OSHOMAH (1991) 6 NWLR (Pt.197) 286; OPARA VS. SCHLUMBERGER & ANOR (2006) 7 S.C. (Pt.III) 56.
– Bage, JSC. GTB v. Innoson (2017) – SC.694/2014(R)
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‘Unarguably, issues No. 1 and 2 were distilled from ground 1, albeit with other grounds of appeal Mr Ajayi for the appellant, had no answer to the contention of Mr. Falana, for the respondents, on this vital issue of law Thus, I take it that he has conceded to it. The law is that a ground of appeal is not to be split into two issues. That is, a ground of appeal is not to carry two issues or put in another way, two issues are not to be formulated from a ground of appeal. See the more recent decision of the Supreme Court in Adekunle Teriba v. Ayoade Tiamiyu Adeyemo (2010) 4 SCNJ 59 at P.67. Thus, whilst one issue for determination is permitted to be distilled from one ground of appeal or two or more grounds of appeal, two issues for determination cannot be distilled from one ground of appeal, otherwise both the issues and the ground of appeal will be liable to be struck out as being incompetent. See: Odoemena Nwaigwe and Ors v. Nze Edwin Okere (2008) 5 SCNJ 256; Yadis Nig. Ltd. v. Great Nigeria Insurance Co. Ltd. (2007) 5 SCNJ 86.’
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
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
Equity follows the law and does always look at the substance and not the form. The 3rd Respondent on this point of his preliminary objection appears to be blighted by the form, and not the substance. Upon my careful perusal of grounds 1, 2, 3 & 6 of the Amended Notice of Appeal they appear to be substantially the replication of grounds 1, 2 & 3 of the original notice of appeal, grounds 4 in the original notice of appeal and the amended notice of appeal and the amended notice of appeal are identical. Similarly, ground 5 in the original notice of appeal was replicated, in ground 5 of the amended notice of appeal. The two grounds are identical. I do not, therefore, think that the respondents in the appeal have been misled, embarrassed or in any way prejudged by the Appellants merely indicating that their issue 1 has been formulated from original grounds 1, 2 & 3 as well as grounds 1, 2, 3 & 6 in the Amended Notice of Appeal. The Respondents similarly are not misled and prejudiced by the Appellants indicating that issues 2 & 3 are issues the subject of identical grounds 4 & 5 in both the original notice of appeal and the Amended Notice of Appeal respectively. Therefore, using blue pencil rule to discountenance, references, in the Appellants’ issues for determination of the appeal in their brief, to grounds 1, 2, 3, 4 & 5 in the original notice of appeal filed on 9th August, 2016 will, in the peculiar facts of this case, meet the ends of substantial justice. Courts these days strive to doing substantial justice as they now turn away from arcane technicality.
— Ejembi Eko, JSC. Oboh & Anor v. NFL (SC.841/2016, January 28, 2022)
The primary purpose of the requirement that counsel should indicate from which of the grounds of an appeal issues raised in their brief of argument are derived, is to narrow and specifically identify the grounds from which such issues were distilled so as to readily show if they are valid and competent issues derived from competent grounds of the appeal. With the clear and express indication of the grounds of the appeal from which the two (2) issues raised in the Appellant’s brief, are distilled, the issues cannot reasonably be said to have been formulated from the other grounds not indicated in the issues. Beyond argument, the law still remains that grounds of appeal from which no issue was distilled or formulated (or indicated to have been distilled) are deemed abandoned.
– Garba, JCA. Dunlop v. Gaslink (2018)
It is settled law that issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta or be formulated in vacuo , as issue 5 in the instant case. – Onnoghen JSC. Chami v. UBA (2010)
Grounds of appeal are meant to attack findings of a court that have bearing on the case put up by a litigant. In other words, it should be related to a decision of the court and contain complaints an appellant rely on to succeed in setting aside a decision, the ratio decidendi of a judgment, not just observations and passing remarks of a Judge in the course of writing a judgment.
– Mukhtar JSC. Nwankwo v. Ecumenical (2007)
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