PROLIFERATION OF ISSUES IS CONDEMNED

SUPREME COURT CANNOT CONSIDER ISSUE WHICH LOWER COURT DID NOT CONSIDER

There is no averment to that effect in appellants’ statement of claim in the Court of trial, and the issue was not even raised on appeal. None of the Justices of the Court of Appeal referred the issue in their judgments. Since we have not the benefit of the opinion of the Court below on the issue, it is inappropriate for this Court to consider it. – See United Marketing Co. v. Kara (1963) 1 WLR. 523; Ahamath v Umma (1931) A.C. 799.

— Karibe-Whyte JSC. Okoye v Dumez & Ors. (1985) – SC.89/1984

REASON FOR THE FORMULATION OF ISSUE IN AN APPEAL

It cannot be over-empahsised that the object of the formulation of issues for determination in an appeal is to enable the parties narrow the issues arising from the grounds of appeal filed in the interest of clarity, brevity and accuracy, thus enabling the court to consider together a number of associated and related grounds of appeal within the issue to which they are related in the determination of the appeal.

– Iguh, JSC. Clay v. Aina (1997)

COURT CANNOT PRONOUNCE ON ISSUE NOT RAISED

Nnaemeka-Agu, J.S.C., expressed similar views in a recent case Niger Progress Ltd. v. North East Line Corporation (1989) 3 NWLR (Pt.107) 68 at p. 100 viz: “In the instant case whether or not the writ was duly indorsed… is not only new, but one which should have been resolved one way or the other in the Court of trial. It ought to have occurred to learned counsel that this Court cannot make any pronouncement on the endorsement or Service of the Writ when such an issue was never placed before the lower Court … even a notice to raise a point not raised in the Court below … can never serve as a licence for introducing new and separate issues.”

ANY MATTER OUTSIDE THE STATEMENT OF CLAIM GOES TO NO ISSUE

What it means is that his cause of action and his grievances must be contained in statement of claim, with which he is bound, for any matter outside the periphery of the statement of claim i.e. pleadings vide evidence goes to no issue and are bound to be ignored. See Emegokwe v. Okadigbo 1973 4 SC. 113, Shell P. B. v. Abedi 1974 1 SC 23, and Umuoffia v. Ndem 1973 2 SC 69. Another important aspect of an action is proof of the content of the pleading. In this respect, the law is trite that actions are proved on preponderance of evidence and balance of probabilities. See Elias v. Omo-Bare 1982 5 SC. 25, Woluchem v. Gudi 1981 5 SC. 291, and Akinlemibola v. C.O.P. 1976 6 SC. 205.

— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004  • 17 February 2012)

AN ISSUE IS THE QUESTION FOR RESOLUTION WHICH DETERMINES THE DISPUTE

That is to say the appellant having succeeded in establishing that the respondent’s application to register the foreign judgment was filed out of time, the need to rely on the other issues to arrive at the same result is quite necessary. An issue is the question in dispute between the parties necessary for determination of the suit or appeal. An issue, which is normally raised by way of a question, is usually a proposition of law or fact in dispute between the parties necessary for determination by the court, a determination which will normally affect the result of the suit or appeal. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt.110) 417; Okoromaka v. Chief Odiri (1995) 7 NWLR (Pt.408) 411 and Olafisoye v. Federal Republic of Nigeria (2004) 4 NWLR (Pt.864) 580 at 641-642 … As the determination of the five issues in the appellant’s brief of argument will not affect the result of this appeal, the issues have ceased to be the real issues for determination between the parties in this appeal. This is because courts of law are not established to deal with hypothetical and academic questions. Courts are established to deal with life issues which relate to matters in difference between the parties. See National Insurance Corporation v. Power and Industrial Engineering Co. Ltd. (1986) 1 NWLR (Pt.14) 1 at 22; Akeredolu v. Akinremi (1986) 2 NWLR (Pt.25) 710 at 728; Ekperokun v. University of Lagos (1986) 4 NWLR (Pt.34) 162 at 179; Titiloye v. Olupo (1991) 7 NWLR (Pt.205) 519 at 534; Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt.622) 290 at 330 and Macaulay v. R.Z.B. of Austria (2003) 18 NWLR (Pt.852) 282 at 300.

— M. Mohammed, JSC. Marine Co. v Overseas Union (2006) – SC.108/2001

ANY QUESTION WHICH DOES NOT RESOLVE THE APPEAL ONE WAY OR THE OTHER IS NOT A PROPER ISSUE

It needs to be stressed that every point in controversy between the parties in an appeal is, in a loose sense, an issue. But for purposes of a brief, an issue is one, which is so crucial that if it is decided in favour of a party, he is entitled to win the appeal. Any question which does not adequately raise a substantial issue which if resolved one way or the other will affect the result of the appeal is not a proper issue for a brief. See Okoye v. Nigerian Construction and Furniture Co. Ltd. (1991) 6 N.W.L.R. (Pt. 199) 501 at 542.

— Edozie JSC. Cosm As Ezukwu v. Peter Ukachukwu Jude Ukachukwu (SC. 160/2000, 2 July 2004)