LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Power of Court to Reframe Issues Suo Motu
PRINCIPLE STATEMENT
A court may decide to suo motu frame issues which do not depart from the contents or purport of issues framed by the parties but are more succinct, precise and readily understandable. It is not inevitable that a court must accept the issues framed by the appellant as immutable.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Adejugbe & Anor v. Ologunja (2004) NLC-2302000(SC) at p. 10; Paras B–C.
"It is not in all occasions that a court must inevitably accept the issues framed by the appellant as though they are immutable particularly when the issues formulated by the respondent address the points in consideration or in controversy much more squarely. Indeed the court may decide in an appropriate case to suo motu frame issues which though do not and ought not in any way depart from the contents or purport and ramifications of the issues already framed by the parties, and distilled from the grounds of appeal, but are much more succinct, precise and readily understandable."
EXPLANATION / SCOPE
Courts have power to reframe issues suo motu for clarity and precision. Reframed issues must not depart from the content of parties’ issues. The principle applies to appellate practice. The rule prevents parties’ formulations from binding the court immutably. The court may adopt more succinct or precise formulations. Fair hearing requires that reframed issues remain within the scope of original issues.
