An appeal based on what a lower court did not decide is liable to be dismissed.
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 […]




