APPELLATE PRACTICE — Grounds of Appeal — What Constitutes Error of Law — Legal Principles
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at pp. 9—10; Paras B—A:
"As carefully set out by Nnaemeka-Agu, JSC in Nwadike v Ibekwe (supra) on the point: (a) It is an error of law if the adjudicating tribunal took into account some wrong criteria in reaching its conclusion. (b) Several issues that can be raised on legal interpretation of deeds, documents, term of arts and inference drawn therefrom are grounds of law. (c) Where a ground deals merely with a matter of inference, even if it be inference of fact, a ground framed from such is a ground of law. (d) Where a tribunal states the law in a point wrongly, it commits an error in law. (e) Where the complaint is that there was no evidence or no admissible evidence upon which a finding or decision was based, same is regarded as a ground of law. (f) If a Judge considers matters which are not before him and relies on them for the exercise of his discretion, he will be exercising same on wrong principles and this will be a question of law."
Explanation / Scope
This principle sets out the circumstances that constitute an error of law: taking into account wrong criteria, legal interpretation of documents, drawing inferences, stating the law wrongly, complaining of no evidence, and considering matters not before the court. The principle applies in appellate practice. It ensures that grounds of law are properly identified. The principle reflects the categories of error of law. It assists in classifying grounds of appeal. The court must apply these principles. The principle provides guidance on error of law.