APPELLATE PRACTICE — Issue Formulation — Issue Must Affect Ratio Decidendi to Warrant Determination
Ratio Decidendi
Per Onnoghen, JSC, in Daniel Tayar Trans Ent. Nig. Co. Ltd v. Busari & Anor (2011) NLC-123-179-2003(SC) at p. 17; Paras A—B:
"An issue for determination is simply a combination of facts and circumstances including the law applicable thereto which when decided one way or the other by the court affects the fate of the appeal... it is settled law that a resolution of a properly formulated issue based on a ground or grounds of appeal which attack the ratio decidendi of the case, will affect the fortunes of the appeal one way or the other."
Explanation / Scope
This principle establishes that an issue for determination must affect the fate of the appeal when decided, and must be based on grounds attacking the ratio decidendi. The principle applies in appellate practice. It ensures that issues are properly formulated. The principle reflects the requirement for material issues. It prevents irrelevant issues. The court must determine the effect of the issue. The principle provides guidance on issue formulation.