ELECTION LAW — Preliminary Objection — Issue Not Arising from Grounds of Appeal — Incompetent
Ratio Decidendi
Per Onnoghen, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at p. 6; Paras D—E:
"It is settled law that grounds of appeal must attack or complain about the ratio in the judgment on appeal while issue(s) is/are formulated from the grounds of appeal, so filed and that any issue for determination not arising from the grounds of appeal is deemed incompetent and liable to be struck out."
Explanation / Scope
This principle establishes that grounds of appeal must attack the ratio of the judgment, issues must be formulated from the grounds, and any issue not arising from the grounds is incompetent and liable to be struck out. The principle applies in appellate practice. It ensures that issues are properly grounded. The principle reflects the nexus between grounds and issues. It prevents parties from raising issues not covered by grounds. The court must strike out incompetent issues. The principle provides guidance on issue formulation.