LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Issues Must Arise from Grounds of Appeal
PRINCIPLE STATEMENT
It is improper and not within the right of the appellants or their counsel to formulate an issue not raised in the ground of appeal.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, quoting Obaseki, JSC in Salami v. Oke (1987) 4 NWLR (Pt.63) 1 at p. 12, in Ogoyi v. Umagba (1995) NLC-1401991(SC) at p. 15; Paras. D–E.
"It is improper and not within the right of the appellants or their counsel to formulate an issue not raised in the ground of appeal."
EXPLANATION / SCOPE
Issues must be derived from grounds of appeal. An issue not raised in any ground is improper. The principle applies to all appeals. The court will strike out such issues. The appellant cannot introduce new complaints through issues. The rule ensures that the respondent has notice. The appellant may amend the grounds if necessary.