APPELLATE PRACTICE – Grounds of Appeal – Determination of Whether Ground Raises Question of Law Alone
Ratio Decidendi
Per Onu, JSC, in Total International Limited v. Awogboro (1994) NLC-321992(SC) at pp. 14–15; Paras. A–B:
"A decision on the point whether a ground of appeal raises question of law alone certainly does not depend on the label an appellant gives to the ground in question. Such a question involves an examination of the ground of appeal as framed together with the particulars thereon before resolving the point at issue."
Explanation / Scope
Courts determine whether grounds raise pure law questions by examining substance, not labels. Appellants cannot: make grounds “legal” by labeling them so, characterize factual grounds as legal to avoid leave requirements, or control characterization through nomenclature. Courts must: read the ground as framed, examine the particulars supporting it, assess what the ground actually challenges (law application, fact-finding, or both), and independently classify the ground’s nature. This prevents: manipulation of appeal characterization, circumvention of leave requirements for factual appeals, and appellants dictating appellate procedures through labeling. The substance test requires analyzing: what must the appellate court examine to decide this ground? does it require reviewing evidence and fact-finding (fact/mixed)? or only examining legal principles’ application to established facts (pure law)? This ensures: proper procedural requirements apply (leave needed for fact/mixed grounds in certain appeals), and appellate jurisdiction is properly invoked based on actual ground nature.