APPELLATE PRACTICE — Issues for Determination — Issue Must Be Crucial to Outcome of Appeal
Ratio Decidendi
Per Edozie, JSC, in Ezukwu v. Chukwu & Anor (2004) NLC-1602000(SC) at p. 10; Paras B–C:
"It needs to be stressed that every point in controversy between the parties in an appeal is, in a loose sense, an issue. But for purposes of a brief, an issue is one, which is so crucial that if it is decided in favour of a party, he is entitled to win the appeal. Any question which does not adequately raise a substantial issue which if resolved one way or the other will affect the result of the appeal is not a proper issue for a brief."
Explanation / Scope
Proper issues for determination must be crucial to the appeal’s outcome. An issue whose resolution does not affect the result is not a proper issue. The principle applies to appellate brief writing. The rule prevents proliferation of irrelevant or academic issues. Each formulated issue must be outcome-determinative. Parties should focus only on issues that truly matter to the disposition of the appeal.