LEGAL PRINCIPLE: APPELLATE PRACTICE — Right of Appeal — Raising New Issues on Appeal — Issue Not Canvassed Below
PRINCIPLE STATEMENT
When an issue is not placed before an appellate court, it has no business to deal with it, particularly when it has not received argument from or on behalf of the litigants.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ikpo v. The State (1995) NLC-1321994(SC) at p. 9; Paras. A–B.
"It is a basic principle of law that when an issue is not placed before an appellate court, it clearly has no business whatsoever to deal with it, particularly when it has neither received argument from or on behalf of the litigants before it in that regard."
EXPLANATION / SCOPE
An appellate court cannot decide issues not raised by the parties. The court must confine itself to issues properly placed before it. The principle ensures fair hearing. The opposing party must have notice of the issues. The court cannot sua sponte introduce new issues unless jurisdictional. The rule applies to both civil and criminal appeals. The appellant cannot rely on unargued issues. The court will not search for hidden issues. The principle promotes adversarial litigation. The parties define the scope of the appeal. The court will not make a case for a party.