LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Court May Reframe Issues for Precision
PRINCIPLE STATEMENT
A court is not bound to accept issues framed by the appellant as immutable, particularly when issues formulated by the respondent address the points more squarely. The court may suo motu frame issues that are more succinct, precise, and readily understandable.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Neka B.B.B. Manufacturing Co. Ltd v. African Continental Bank Ltd (2004) NLC-321997(SC) at pp. 3–4; Paras E–A.
"It is not in all occasions that a court must inevitably accept the issues framed by the appellant as though they are immutable particularly when the issues formulated by the respondent address the points in consideration or in controversy much more squarely. Indeed the court may decide in an appropriate case to suo motu frame issues which … are much more succinct, precise and readily understandable."
EXPLANATION / SCOPE
Appellate courts may reframe issues for precision. The principle applies to appellate practice. The court is not bound by the appellant’s formulation. The rule promotes clarity and focus. The court may act suo motu. The principle is well-established.