LEGAL PRINCIPLE: APPELLATE PRACTICE — Brief Writing — Arguments Must Be Based on Issues Not Grounds of Appeal
PRINCIPLE STATEMENT
Since the introduction of brief writing in the appellate courts about two decades ago, the practice has evolved whereby issues for determination in an appeal are derived from the grounds of appeal. Such an issue so formulated must be of such a nature that a decision on it one way or the other must affect the result of the appeal. When the issues for determination have been formulated from the grounds of appeal, arguments in the brief are canvassed on the basis of the issues and no longer on the grounds of appeal.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at pp. 15–16; Paras E–D.
"Since the introduction of brief writing in the appellate courts about two decades ago, the practice has evolved whereby issues for determination in an appeal are derived from the grounds of appeal. Such an issue so formulated must be of such a nature that a decision on it one way or the other must affect the result of the appeal. When the issues for determination have been formulated from the grounds of appeal, arguments in the brief are canvassed on the basis of the issues and no longer on the grounds of appeal."
EXPLANATION / SCOPE
In appellate brief writing, arguments must be based on issues formulated from grounds of appeal, not on the grounds themselves. Each issue must be such that its resolution affects the appeal’s outcome. The principle applies to all appellate proceedings. The rule ensures focused and organized advocacy. The court will disregard arguments based directly on grounds rather than issues. Proper issue formulation is essential for effective appellate presentation.
