Decision appealed against

• Pages: 479-482

479

same Notice materially affected the position of the Court of Appeal on this issue of

raising jurisdiction in the case of Alhaji Hashimu Garba Matari & 6 Ors. v. Ahmadu

Dangaladima & Ors. (1993) 9 S.C.N.J.122; (1993) 3 N.W.L.R. (Pt.281) 266.” -

Per Okunola, J.C.A., in Galadima v. Tambai Suit No. CA/K/68/93; (1994) 8

N.W.L.R. (Pt. 365) 747 at 755-756.

(47) DECISION APPEALED AGAINST

879. Appeal to attack or challenge decision appealed against.

“An appeal must attack or challenge the decision of the lower Court that is erroneous

and that it must be reversed or set aside. See Ogbonnaya & Ors. v. Adapalm (Nig)

Ltd. (1993) 5 N.W.L.R. (Pt. 292) 147; (1993) 6 S.C.N.J. 23; and Union Bank of

(Nig) Ltd. v. Prof Ozigi (1994) 3 N.W.L.R. (Pt. 333) 385; (1994) 3 S.C.N.J. 42.” -

Per Opene, J.C.A., in Gov. of Akwa Ibom State v. Umah Suit No. CA/C/30/2001;

(2002) 7 N.W.L.R. (Pt. 767) 738 at 769.

880. Appealable decisions under S. 36(1) of Decree No. 37 of 1987, which

relates to election petition.

“Notwithstanding that I have held that the decision appealed against in the appeal on

hand is a final decision, is it an appealable decision within the context of Section

36(1) of Decree No. 37. For decision to be appealable under Section 36(1) it must be

a decision one election petition and not a decision in an election petition.” - Per

Ogundare, J.C.A., in Okokhue v. Obadan Suit No. CA/B/178/88; (1989) 5 N.W.L.R.

(Pt. 120) 185 at 204.

881. Appellant not raising a compliant against a part of decision appealed

against.

“An appeal presupposes the existence of some decision which is appealed against

on a given point or points. Where, therefore, there, is no complaint in respect of a

decision that has arisen from Judgment appealed against such a decision may not

form the basis of an issue for determination by an appellate Court.” - Per Iguh,

J.S.C., in Atoyebi v. Gov. Oyo State Suit No. S.C.294/1991; (1994) 5 N.W.L.R. (Pt.

344) 290 at 305.

882. Can a comment in a decision be capable of being appealed against?

“Indeed the comment in the passage having been made in the middle of the exercise

of reviewing evidence, cannot come anywhere near a decision of the Court within

the meaning of S. 277(1) of the 1979 Constitution which is capable of being appealed

against. In other words, the statement by the learned trial Judge in that passage that

the appellant is a member of Jaduala family is not a determination of that Court

capable of being regarded as a judgment, decree, order, conviction, sentence or even

a recommendation of that Court. For the same reason, I find that the comment

Decision appealed against Para. 878-882