LEGAL PRINCIPLE: APPELLATE PRACTICE – Issue Formulation – Competency of Issues – Requirement That Issues Be Pertinent to Grounds of Appeal Filed
PRINCIPLE STATEMENT
The short point under fire is the competency of the single issue proffered by the appellant as the issue for determination. The said issue for determination is incompetent, not being pertinent to the ground of appeal filed.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Adah v. Adah (2001) NLC-1091997(SC) at p. 9; Paras D–E.
"The short point under fire is the competency of the single issue proffered by the appellant as the issue for determination. The said issue for determination is incompetent, not being pertinent to the ground of appeal filed."
EXPLANATION / SCOPE
An issue for determination is incompetent if it is not pertinent to the grounds of appeal filed. The issue must relate directly to the complaints in the grounds. The court will strike out incompetent issues. The appellant cannot formulate an issue that goes beyond the scope of the grounds. The requirement ensures that the appeal is confined to properly raised complaints. The respondent must not be taken by surprise. The court has no jurisdiction to consider issues not grounded in the appeal. The appellant may apply to amend the grounds if necessary. The principle promotes orderly appellate procedure. Competency is determined by the relationship between the issue and the grounds.
