Ground of Appeal

As a matter of general principle, issues formulated in a brief of argument must be distilled from specific grounds of a notice of appeal, otherwise, they should be deemed at large, and liable to be discountenanced.

ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS v. MRS. CHRISTIANA IYABO ADETUTU.(LGC(/12/4/2019)M

Where the ground/s of appeal do not come within the preview of Section 233(2) of the Constitution leave must be obtained. That is to say leave must be obtained before grounds of appeal on mixed law and facts or facts can be said to be competent. In NNPC v. Famfa Oil Ltd (2012) ALL FWLR (Pt. 635) p.204. I observed that the difference between a ground of law and a ground of mixed law and facts can be narrow. Labeling a grounds of appeal error of law, or misdirection may not necessarily be so. The appellation is irrelevant in determining whether a ground of appeal is of law or mixed law and fact. For the correct classification of ground of law or mixed law and facts or facts the Court should examine the ground and their particulars and identify the substance of the appeal. At the end of such an exercise whether a ground of appeal is of law or mixed law and fact would be resolved. A ground on facts is much easier to identify. See Ogbechie & ors v. Onochie & ors (1986) 1 NSCC p.443 Nwadike v. Ibekwe (1987) 4 NWLR (Pt. 67) p. 718 In Ogbechie & ors v. Onochie & ors (supra). This Court adopted the explanation and the way to identify grounds of appeal by the authors of the Law Quarterly Review Vol. 100 of October 1984. The authors said: 1. If the Tribunal purports to find that particular events occurred although it is seised of no admissible evidence that the events did not in fact occur, it is a question of law. But where admissible evidence has been led, its assessment is entirely for the Tribunal, in other words, it is a question of fact. 2. If the Tribunal approached the construction of a legal term art in a Statute on the erroneous basis that the statutory wording bears its ordinary meaning, it is a question of law. 3. If the Tribunal approaches the construction of a statutory word or phrase bearing an ordinary meaning on the erroneous basis that it is a legal term of art, it is a question of law. 4. If the Tribunal, though correctly treating a...