Otemolu v. Makarfi [2018] 5 NWLR (Pt. 1611) 150 at 157-158, paras. G-F, per Ariwoola, JSC:

“It must however be noted and categorically stated loud and clear that the Court below in it’s Judgment being appealed did not nullify any primary election conducted by the Appellant herein or by any other person or body of persons. It is therefore a misconception to hold that the Court below suo motu nullified the primary election conducted by the Appellant’s Executive Committee… In the circumstance, this appeal is found to be misconceived, lacking in merits and liable to dismissal.”

Notes:

As observed by the Supreme Court, the Appellant’s appeal was purely based on an issue having no bearing on the decision of the Court of Appeal. The Appellant merely gave a subjective interpretation to what he considered an offensive finding by the Court of Appeal and thereafter based his appeal on same. Having found that the interpretation and deductions made by the Appellant cannot stand, the apex Court, without much ado, dismissed the appeal.

It is important to note that driving an appeal based on misconceptions and illogical deductions is not advocacy. Counsel must show sufficient grasp of what was decided and raise arguable grounds of appeal from same, urging the appellate court to set aside the decision.

In a similar fashion, lack of good comprehension of what was decided in a case will also lead to missing the ratio decidendi of the case. In all, the Court may be misled by the arguments of counsel that would follow and injustice may very well be the end point. Counsel and courts should be properly guided always.