LEGAL PRINCIPLE: APPELLATE PRACTICE — Brief Writing — Arguments Must Be Based on Issues, Not Grounds of Appeal
PRINCIPLE STATEMENT
Arguments of counsel in a brief of argument filed in appellate courts should be based along the lines of the issues formulated for the appeal and not on the grounds of appeal. Any breach constitutes non-compliance with the relevant rule and is irregular.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in Oba Moshood Osuolale Adeyeri II & Ors v. Aderibigbe Atanda & Ors (1995) NLC-2181989(SC) at p. 11; Paras. A–B.
"Arguments of counsel in a brief of argument filed in appellate courts should be based along the lines of the issues formulated for the appeal and not on the grounds of appeal. Any breach of the foregoing rule or requirement by a party constitutes non-compliance with the relevant rule and is irregular."
EXPLANATION / SCOPE
Brief arguments must be structured around issues for determination, not grounds of appeal. The rule applies to all appellate briefs. Compliance ensures clarity and focus. The court may strike out arguments not based on issues. The principle promotes orderly appellate advocacy. The appellant must formulate clear issues. The rule is mandatory.