INCOMPETENT APPEAL – WHETHER AN APPELLATE COURT CAN DETERMINE AN INCOMPETENT APPEAL
Topic starter May 18, 2020 2:12 pm
"Having read in advance the lead judgment of my learned brother Paul Adamu Galumje, JSC just delivered, I entirely agree with his reasoning and conclusion therein that a competent appeal is one founded on a ground(s) of appeal which relates to the decision against which the appeal is brought. Where the ground(s) of appeal does not attack the ratio of the decision being appealed against, the appeal is incompetent and the appellate court is bereft of the jurisdiction to consider and determine the incompetent appeal. See Chief Timothy Agbaka & Ors V. Chief Jeremiah Amadi & Anor (1998) LPELR - 231 (SC) and Umanah V. NDIC (2016) LPELR -42556 (SC)." PER M. D. MUHAMMAD, J.S.C.
ISSUES FOR DETERMINATION – WHETHER AN APPELLATE COURT CAN EXERCISE ITS DISCRETION TO RE-ARRANGE OR FORMULATE ISSUE FOR DETERMINATION
"The law is settled that a court has unfettered discretion to re-arrange or formulate issues for determination by the parties to meet the justice of a case. See Plateau State Health Services Management Board V Inspector Philip Fitoka Goshwe (2013) 2 NWLR (PT 1338) 383; Awojugbagbe Light Industries Ltd. V P. N. Chinukwe & Anor (1995) 4 NWLR (PT 390) 399, (1995) 4 SCNJ 1; Latunde & Anor V Bella Lajinfin (1989) 5 SC 59, (1989) 5 SCNJ 59, (1989) 3 NWLR (PT 108) 177; Unity Bank Of Nigeria Pic & Anor V Edward Bouari (2008) 2 SCM 193 at 240, (PT 1086) (2008) 7 NWLR (PT 1086) 372. In the case of African International Bank Ltd V Integrated Dimensional System Ltd (2012) 17 NWLR (PT 1328). This court per Ariwoola, JSC pronounced as follows:-
‘So long as it will not lead to injustice to the opposite side, appellate courts possess the power and in the interest of justice to reject, modify or re frame any or all issues formulated by parties.’"
- PER J. I. OKORO, J.S.C. IN DELPHINE ZIKERE OKONKWO VS. AMAKA EZEAKU & ANOR SUIT NO: SC. 281/2011
LEGALPEDIA ELECTRONIC CITATION: (2020) Legalpedia (SC) 11118