- October 25, 2016
- Posted by: Stephen Azubuike
- Category: Case Law Blog
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Ogbodu v. S.S.A.U.T.H.R.I.A.I. [2013] 3 NWLR (Pt. 1341) 261 at 278, paras. C-F, per Shoremi, JCA:
“A ground which is vague or general in terms is not permissible. Vagueness of a ground may arise as it is in this instant case couched in a manner that does not provide any explicit standard for its being understood or when what is stated is so uncertain that it is susceptible to be misunderstood such grounds of appeal leaves the judge to speculate… The court frowns on grounds of appeal and their particulars which are couched in such a manner that is merely argumentative.”
Notes:
Clarity in the statement of grounds of appeal in the Notice of Appeal is important because this is where the reasons for dissatisfaction with the judgment being challenged are stated. The Brief of Argument is where counsel is required to canvass issues and legal arguments justifying the grounds raised. Therefore, it makes no sense to produce a vague ground of appeal, almost lacking in meaning, and also make arguments in the Notice of Appeal. Such practice cannot assist the appellate court in resolving the issues at stake, and the offending ground of appeal stands the risk of being struck out. See Central Bank of Nig. v. Okojie [2002] 8 NWLR (Pt. 768) 48.
Nevertheless, where a ground of appeal is competent, mere inelegant drafting, without more, is not enough to warrant same being struck out or discountenanced.
