LEGAL PRINCIPLE: APPELLATE PRACTICE — Brief Writing — Effect of Filing an Incompetent Issue for Determination
PRINCIPLE STATEMENT
If only one issue for determination is raised in the appellant's brief and that issue is incompetent, the appeal becomes incompetent for non-compliance with the rules and liable to be struck out.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Omagbemi v. Guinness Nigeria Ltd. (1995) NLC-1951992(SC) at pp. 9–10; Paras. C–A.
"It follows, therefore, that any argument in the brief based on the faulty issue for determination is equally irrelevant to the appeal. The result is that the mandatory requirements of Order 6 rule 2 of the Supreme Court Rules, 1985, have not been satisfied. In such a given situation. It is fatal if only one issue for determination is raised in the appellants brief of argument, as in the present case. because the appeal becomes incompetent for non-compliance with the rules and liable to be struck out."
EXPLANATION / SCOPE
Issues for determination must be competent and arise from grounds of appeal. If the sole issue is incompetent, the entire appeal fails. The principle applies to all appeals. The court will strike out the appeal for non-compliance. The appellant must ensure that issues are properly formulated. The rule promotes orderly appellate procedure. The court will not consider arguments on incompetent issues. The appellant may amend the brief.