Argument in an appeal

• Pages: 291-294

291

(31) ARGUMENT IN AN APPEAL

508. Arguing appeal on issues for determination and not on grounds of appeal.

“Learned counsel for the appellant filed the appellant’s brief and formulated issues

for determination of the appeal. Learned counsel for the respondent also filed a

brief for the respondent and he, too, formulated issues for the determination of the

appeal. Learned counsel for the appellant as is most usual, despite repeated directions

from this Court on the matter, proceeded to direct his arguments on the grounds of

appeal filed by him. Perhaps in order to compromise, learned counsel for the

respondent also canvassed his arguments on the grounds filed in reply to the points

made by the learned counsel for the appellant. Because the two counsel to the

parties did not base their arguments on the issues posed by them and since they have

argued solely on the grounds of appeal filed, not only have they rendered the purposes

for the formulation of issues unnecessary, they have also rendered it unuseful for me

to incorporate the issues so formulated by both counsel in the consideration of this

judgement. It follows in effect that all the issues posed by them would not be referred

to at all.” - Per Sulu-Gambari, J.C.A., in Ogunsola v. N.I.C.O.N. Suit No. CA/I/

241/88; (1991) 4 N.W.L.R. (Pt. 188) 762 at 769.

509. Argument an appeal is based on.

(1) “Now, since the introduction of brief writing in our appellate Courts, issues as

formulated play a very vital role. An appeal is argued based on the issues as formulated,

not the grounds of appeal from which the issues are distilled. No. The blue pencil

rule applicable to grounds of appeal does not apply to issue. Because an issue in an

appeal ought to be such a proposition of law or, of fact or, of both fact and law so

cogent, so weighty and, so compelling that a decision thereon in favour of a party to

the appeal will entitle him to the judgment of the Court. Chukwuma Okwudili Ugo

v. Amamchukwu Obiekwe (1989) 1 N.W.L.R. (Pt. 99) 56 566, 580, Standard

Consolidated Dredging And Construction Co. Ltd. v. Katonecrest Nig. Ltd. (1986)

5 N.W.L.R. (Pt. 44) 791, to mention only these.”- Per Nzofor, J.C.A., in I.B.W.A.

Ltd. v.Unakalamba Suit No. CA/PH/65/93; (1998) 9 N.W.L.R. (Pt. 565) 245 at

271.

(2) “Quite admittedly, since the introduction of brief writing in the appellate Courts,

appeals are argued based on the issues not grounds of appeal. Hence on the

formulation of the issues for determination, the grounds of appeal from which they

have been formulated disappear and are replaced by the issues. See Ugo v. Obiekwe

(1989) 1 N.W.L.R. (Pt. 99) 566 and its line of other cases.” - Per Nzofor, J.C.A., in

Egbe v. Duru Suit No. CA/PH/131/93; (1998) 9 N.W.L.R. (Pt. 565) 288 at 296.

510. Argument in appeals.

“Under the new dispensation of brief writing, it is the issues as postulated by the

appellant rather than the grounds that are canvassed both in the brief of argument

Argument in an appeal Paras. 508-510