APPELLATE PRACTICE — Issue Formulation — Non-Challenge of Lower Court Finding — Finality of Finding
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Bakare v. NRC (2007) NLC-123-51-2002(SC) at pp. 15–16; Paras E–A:
"It must be noted that the court below found that it is Section 83(1) of the NRC Act that is applicable to this matter and not Section 83(1)(a) of the Limitation Law of Lagos-State 1994. This finding not having been challenged on appeal to this court is final. The Appellant's argument in this regard is not predicted on any ground of appeal before this court and it is to that extent otiose and should be discountenanced."
Explanation / Scope
The principle applies to appellate practice and underscores the necessity of filing proper grounds of appeal to challenge adverse findings. An unchallenged finding, whether of fact or law, is deemed conceded by the appellant and becomes conclusive. The appellate court cannot consider arguments that are not anchored on any ground of appeal, as doing so would amount to embarking on a fresh case. The rule ensures that the respondent is not taken by surprise and that the appellate process is orderly. Any argument not predicated on a valid ground is otiose and must be discountenanced. This principle promotes finality and judicial economy.