LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Arguments Must Be Canvassed on Issues, Not Grounds of Appeal
PRINCIPLE STATEMENT
Arguments are to be canvassed on the basis of issues formulated, not on the grounds of appeal; while resolution of an issue may determine an appeal, a ground of appeal which forms part of that issue may not.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ogunsola v. NICN (1995) NLC-241992(SC) at pp. 14–15; Paras. D–A.
"It is now well settled principle that arguments are to be canvassed on the basis of issues formulated and not on the grounds of appeal; for while a resolution of an issue which is a question in dispute between the parties may determine an appeal, a ground of appeal which forms a part of that issue may not..."
EXPLANATION / SCOPE
Issues for determination are distilled from grounds of appeal. Arguments should focus on issues, not individual grounds. An issue may encompass multiple grounds. Resolving an issue can determine the appeal. The principle promotes clarity and efficiency. The appellate court may reframe issues. The parties must address the issues in their briefs. The rule is well-established in appellate practice. The court will not consider arguments that do not relate to the issues. The principle prevents fragmented arguments.