LEGAL PRINCIPLE: APPELLATE PRACTICE – Issues for Determination – Relationship to Grounds of Appeal – Whether Issues Must Be Distilled from Grounds of Appeal
PRINCIPLE STATEMENT
It is a mandatory requirement that an issue for the determination of appeal must relate to and be distilled from any of the grounds of appeal. If it does not it is unarguable and incompetent. Such an issue must be struck out. The issues formulated are intended to accentuate the real issues for determination before the court. The grounds of appeal allege the complaints of error of law, fact or mixed law and fact against the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Garba & Ors v. State (2000) NLC-1571999(SC) at pp. 4–5; Paras E–A.
"It is a mandatory requirement that an issue for the determination of appeal must relate to and be distilled from any of the grounds of appeal. If it does not it is unarguable and incompetent. Such an issue must be struck out. The issues formulated are intended to accentuate the real issues for determination before the court. The grounds of appeal allege the complaints of error of law, fact or mixed law and fact against the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed."
EXPLANATION / SCOPE
Issues for determination must be distilled from and relate to the grounds of appeal. An issue not covered by any ground is incompetent and must be struck out. This ensures appellate courts address only properly raised complaints. Issues cannot be “at large”—they must flow from specific grounds alleging error. This rule prevents parties from introducing new complaints or expanding the appeal beyond properly challenged matters. Issues are meant to accentuate and clarify grounds, not substitute for them or introduce new grievances. Mandatory compliance ensures orderly appellate review.