LEGAL PRINCIPLE: APPELLATE PRACTICE – Consideration of Issues – Duty of Court to Pronounce on Issues Raised
PRINCIPLE STATEMENT
This Court has said it times without number that it is the duty of a court to give its decision on issues raised before it — see Okhideme v. Toto & Anor (1962) 2 SCNLR 8; (1962) ANLR (Pt. 1) page 307; Okonji v. Njokanma (1991) 7 NWLR (Pt.202) 131 at p. 146A: 'As it was held in Ebba v. Ogodo and Anor (1984) 1 SCNLR 372, (1984) NSCC (Vol. 15) 255, that a Court of Appeal should not deal with issues not before it; so also when a party submits an issue to the court for determination the court must make a pronouncement on that issue except where the issue is subsumed in another issue.'
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in *7-UP Bottling Company Ltd. & Ors v. Abiola and Sons Bottling Company Ltd.* (2001) NLC-631996(SC) at pp. 23–24; Paras E–A.
"This Court has said it times without number that it is the duty of a court to give its decision on issues raised before it — see Okhideme v. Toto & Anor (1962) 2 SCNLR 8; (1962) ANLR (Pt. 1) page 307; Okonji v. Njokanma (1991) 7 NWLR (Pt.202) 131 at p. 146A: 'As it was held in Ebba v. Ogodo and Anor (1984) 1 SCNLR 372, (1984) NSCC (Vol. 15) 255, that a Court of Appeal should not deal with issues not before it; so also when a party submits an issue to the court for determination the court must make a pronouncement on that issue except where the issue is subsumed in another issue.'"
EXPLANATION / SCOPE
Courts have a duty to pronounce on all issues properly raised by parties. Just as courts should not decide issues not before them, they must decide issues that are submitted. The only exception is where an issue is subsumed within another issue—meaning resolution of one necessarily resolves the other. Failure to pronounce on a material issue may constitute denial of fair hearing or justify reversal. This ensures parties receive adjudication on their complaints. The court cannot ignore properly raised issues. The duty promotes comprehensive justice and prevents remittals for omitted determinations.