APPELLATE PRACTICE ā Grounds of Appeal ā Issues for Determination ā Nexus with Grounds of Appeal
Principle Statement
Any issue not based on any ground of appeal is incompetent and is liable to be struck out. Issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Chami v. United Bank for Africa Plc (2010) NLC-123-257-2003(SC) at p. 9, paras. DāE; p. 12, para. D; p. 14, para. C.
"Any issue not based on any ground of appeal is incompetent and is liable to be struck out. Issues for determination must be distilled from grounds of appeal which ground(s) must attack the ratio decidendi of the judgment not anything said by the way, or obiter dicta."
Explanation / Scope
This principle establishes that issues must be based on grounds of appeal and must attack the ratio decidendi, not obiter dicta. Issues not based on grounds are incompetent. The principle applies where issues are challenged. It ensures that issues are properly grounded. The principle reflects that only the ratio decidendi can be appealed. It prevents appeals on non-binding statements. The court must strike out incompetent issues. The principle provides guidance on the nexus between issues and grounds.
