APPELLATE PRACTICE — Issue Formulation — Proliferation of Issues — Formulating Two Issues from One Ground of Appeal
Principle Statement
It is settled law that whereas counsel may formulate an issue out of a ground of appeal or a combination of grounds of appeal, he is not allowed/permitted to formulate more than an issue out of a ground of appeal.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 6; Paras A–B.
"It is settled law that whereas counsel may formulate an issue out of a ground of appeal or a combination of grounds of appeal, he is not allowed/permitted to formulate more than an issue out of a ground of appeal."
Explanation / Scope
This principle establishes that counsel cannot formulate more than one issue from a single ground of appeal. Issues may be formulated from one ground or a combination of grounds, but not more than one per ground. The principle applies in appellate practice. It ensures that issues are not proliferated. The principle reflects the need for focus. It prevents unnecessary multiplication of issues. The court must strike out excess issues. The principle provides guidance on issue formulation.
