LEGAL PRINCIPLE: APPELLATE PRACTICE — Issues for Determination — Suo Motu Raising of Issues by Appellate Court — Propriety of Determining Appeal on Issue Not Raised in Grounds of Appeal
PRINCIPLE STATEMENT
An appellate court can only consider issues based on grounds of appeal filed before it; its jurisdiction is confined to correcting errors of the court below, not matters not canvassed before it.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Comptroller, Nigerian Prisons Services & Ors v. Adekanye & Ors (2002) NLC-1841999(SC) at pp. 24–25; Paras A–C.
"An appellate court can only consider issues based on grounds of appeal filed before it. The rationale for this is that a trial court is generally required to make primary findings of fact and to express its opinion on the law in regard to the findings. The appellate court relies on the opinion of the court below for its determination of the appeal before it. The jurisdiction of the appellate court is essentially confined to the correction of the errors of the court from which it hears appeals. It can only do so, naturally, where the points argued before it consist of allegation of errors made by that court and not on matters not canvassed before it."
EXPLANATION / SCOPE
An appellate court’s jurisdiction is limited to correcting errors of the lower court. It cannot consider issues not raised in the grounds of appeal. The court cannot base its decision on matters not canvassed below. The principle ensures fair hearing and prevents surprise. The appellant must raise all complaints in the notice of appeal. The court will not sua sponte introduce new issues unless jurisdictional. The rule applies to both civil and criminal appeals. The court may invite arguments on issues raised by the parties. The principle promotes orderly appellate procedure. The court will not make a case for the appellant.