LEGAL PRINCIPLE: APPELLATE PRACTICE – Brief Writing – Argument Must Be Based on Issues Formulated
PRINCIPLE STATEMENT
A party must advance his argument in brief on the issues formulated therein and not on the grounds of appeal. The brief is the concise argument built round the issues formulated.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in U.A.C. of Nigeria Ltd v. Fasheyitan (1998) NLC-2441990(SC) at p. 3; Paras C--D.
"A party must advance his argument in brief on the issues formulated therein and not on the grounds of appeal. In essence, the brief is the concise but condensed argument on the grounds of appeal built round the issues formulated therein and it is far beyond the grounds."
EXPLANATION / SCOPE
Arguments must be based on issues, not grounds of appeal. The principle applies to appellate practice. The brief is built around issues. The rule promotes clarity. The court will consider issues formulated. The principle is fundamental.