The general rule, on fresh point or issue in this Court, is that it will not be entertained if this Court had not the benefit of the views of the Justices of the Court below: see FADIORA v. GBADEBO (1998) 3 SC 219; ENANG v. ADU (1981) 11 – 12 SC 25; ADEGOKE MOTORS v. ADESANYA (1989) 3 NWLR (Pt.109) 250, etc.
– Ejembi, JSC. GTB v. Innoson (2017) – SC.694/2014(R)
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The Apex Court had occasion to emphasize the essentiality of lower courts pronouncing on all issues properly raised before them. It held, in the case of C.N. Okpala & Sons Ltd v Nigerian Breweries PLC (2018) 9 NWLR Part 1623 Page 16 at 28 Para G-H per Okoro JSC, as follows: “In several decisions of this court, it has been repeatedly held that all lower courts, as a general rule, must pronounce on all issues properly placed before them for determination in order, apart from the issue of fair hearing, not to risk the possibility that the only issue or issues not pronounced upon are crucial, failure to pronounce on them will certainly lead to a miscarriage of justice. There is therefore need for every court or tribunal to make findings and pronounce on material and fundamental issues canvassed before it by the parties because failure to do so, as I said earlier, may result in a miscarriage of justice.”
— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022
It is good law that an appellate court must examine and decide on all relevant issues in the appeal. That is what the Court of Appeal did and I cannot fault the court. This court cannot gag the Court of Appeal in the re-evaluation of evidence, as long as the court does that within the precinct or purview of the Record, and that is exactly what the court did; and so, a full stop.
— Niki Tobi JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003
It is trite that a respondent to an appeal in his reply to the appellant’s brief must confine himself within the issues arising from the grounds of appeal.
– ADEKEYE JCA. Anyafulu v. Agazie (2005)
It is observed that the issues raised by each party reproduced supra are similar save for difference in couching language style. I will therefore adopt the Appellant’s issues as my guide in the determination of this appeal for the simple reason that he is the owner of the appeal.
— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12
It is trite that a Respondent may not formulate issues outside the grounds of appeal contained in the Appellant’s Notice of Appeal, in this case contained in Pages 337 – 346 of the printed records of Appeal. Issues for determination must be based on and correlate with the grounds of appeal and should be an answer to the grounds of appeal. An issue may encompass one or more grounds of appeal, it is incompetent where the issues are not based on the grounds of appeal, they are irrelevant. Issues for determination in an appeal is akin to pleadings in the lower Court, hence adherence to the strict observance of the rules on formulating issues for determination. If all the above constituent elements or requirements of the doctrine are not fully established, the plea of estoppel per rem judicatam can not be sustained.
– Nwaoma Uwa, JCA. NOGA v. NICON (2007)
Adjudication in our courts is our human attempt, (however imperfect), circumscribed as it is by our human limitations, to do justice between the parties before the court. It is of the essence of justice and fairness that cases are decided on their merits. This imposes a duty on the trial judge to consider all the issues arising between the parties before deciding for or against any such party. When a trial court fails in this duty he has merely decided half the case and not the whole case.
– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)
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