APPEAL – ISSUE(S) FOR DETERMINATION – Whether issue(s) for determination must flow from a ground of appeal relating to the ratio of the decision appealed against; effect of failure


“An issue for determination in an appeal must be predicated on a ground (or ground) of appeal, which in turn must be predicated on the ratio decidendi of the decision appealed against. Where a ground of appeal or an issue for determination does not meet this requirement, it is liable to be struck out. See: Fasuyi Vs P.D.P (2018) NWLR (Pt. 1619) 426: Egbe vs Alhaji (1990) 1 NWLR (Pt. 128) 546: Babalola vs The State (1989) 4 NWLR (Pt. 115) 264: Abdullahi Ors. vs The State (2013) 4-5 SC (Pt. IV) 141.” Per KEKERE-EKUN, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 19 – 19 Paras B – D).

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