LEGAL PRINCIPLE: APPELLATE PRACTICE – Abandonment of Grounds of Appeal – Effect of Failure to Formulate Issue
PRINCIPLE STATEMENT
An appellant is at liberty to withdraw or abandon any of his grounds of appeal. He may withdraw a ground of appeal by applying to the Court to do so. In that case the court will then strike out the ground in question. However where an appellant does not formulate an issue in his brief of argument to cover a ground of appeal, that ground would be deemed abandoned even where arguments have been proffered on it. An issue for determination must be based on a ground of appeal. Where therefore an issue raised is not based on or does not arise from the grounds of appeal, the issue will be discountenanced by the court.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Araka v. Ejeagwu (2000) NLC-511999(SC) at p. 5; Paras B–D.
"An appellant is at liberty to withdraw or abandon any of his grounds of appeal. He may withdraw a ground of appeal by applying to the Court to do so. In that case the court will then strike out the ground in question. However where an appellant does not formulate an issue in his brief of argument to cover a ground of appeal, that ground would be deemed abandoned even where arguments have been proffered on it. An issue for determination must be based on a ground of appeal. Where therefore an issue raised is not based on or does not arise from the grounds of appeal, the issue will be discountenanced by the court."
EXPLANATION / SCOPE
Failure to formulate an issue from a ground of appeal in the brief results in that ground being deemed abandoned—even if arguments are proffered on it. Issues for determination must arise from and be based on grounds of appeal. An issue not derived from any ground is incompetent and will be discountenanced. This ensures that appellate arguments are anchored in properly filed grounds and that parties do not circumvent the grounds by raising unrelated issues. Abandonment can be formal (by application) or constructive (by omission in brief).