LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Issues Must Be Confined to Grounds of Appeal
PRINCIPLE STATEMENT
An issue formulated for the determination of an appeal must fall and be confined within the grounds of appeal. If the grounds from which issues are raised are incompetent, the issues too cannot be considered.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Okon v. The State (1995) NLC-571994(SC) at p. 4; Para. B.
"an issue formulated for the determination of appeal must fall and be confined within the grounds of appeal. Since grounds 1 and 2 from which issues I and 3 had been raised are incompetent the issues too cannot be considered and accordingly they are struck out."
EXPLANATION / SCOPE
Issues must be derived from competent grounds of appeal. Incompetent grounds cannot support issues. The principle applies to all appeals. The court will strike out issues based on incompetent grounds. The appellant must ensure that grounds are competent. The rule promotes orderly appellate procedure. The court will not consider issues without supporting grounds.