LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground — Weight of Evidence — Not a Question of Customary Law
PRINCIPLE STATEMENT
An omnibus ground dealing purely with facts and weight of evidence is not a question of customary law. There cannot be an appeal as of right on such a ground under section 224(1) of the 1979 Constitution.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC (as adopted by Uwaifo, JSC), in Hirnor & Anor v. Yongo & Ors (2003) NLC-241997(SC) at p. 17; Paras D–E.
"With regard to ground 4, which has also been quoted earlier, the particulars thereof clearly show that the nature of the complaint is general. It is therefore an omnibus ground which deals purely with facts and has no connection whatsoever with customary law. There cannot, on that ground, be an appeal as of right as envisaged by section 224 sub-section (1) of the 1979 Constitution."
EXPLANATION / SCOPE
An omnibus ground challenging weight of evidence does not raise a question of customary law. The principle applies to appeals from Customary Court of Appeal. Such grounds cannot be appealed as of right. The rule limits appellate jurisdiction. The appellant must seek leave if required. The principle is well-established.