LEGAL PRINCIPLE: APPELLATE PRACTICE — Scope of Appellate Jurisdiction — Confinement to Grounds of Appeal
PRINCIPLE STATEMENT
The Court of Appeal cannot gratuitously embark on a voyage of discovery to deal with all errors in the judgment of the court of first instance. Its appellate jurisdiction is confined only to the issues raised in the grounds of appeal filed.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ojiako v. Ewuru (1995) NLC-1031992(SC) at p. 7; Paras. A–C.
"The Court of Appeal cannot like Christopher Columbus gratuitously embark on a voyage of discovery to discover and deal with all errors in the judgment of the court of first instance. It will have no jurisdiction to do that. Its appellate jurisdiction is confined only to the issues raised in the grounds of appeal filed. The Court of Appeal had not only the duty but was bound to have confined itself to the issues raised in the grounds of appeal before it and nothing else."
EXPLANATION / SCOPE
An appellate court’s jurisdiction is limited to the grounds of appeal filed. It cannot suo motu search for errors not raised. The principle ensures that the appellant defines the scope of the appeal. The respondent knows the case to meet. The court may raise jurisdictional issues sua motu. The rule applies to all appellate courts. The appellant cannot rely on errors not complained of. The court will not make a case for the appellant. The principle promotes orderly appellate procedure.