MINISTRY OF DEFENCE & ORS v. WING COMMANDER PULLEN EGBE IYEN
(2014)LCN/6867(CA)
RATIO
APPEAL: WHETHER GROUNDS OF APPEAL MUST BE AGAINST THE DECISION BEING APPEALED AGAINST
The law is settled that Grounds of Appeal against a decision must relate to the decision being appealed against and the ground must constitute a challenge to the decision. Where a Ground of Appeal fails to find its roots in the decision appealed against, such Ground of Appeal is certainly a ground crafted in the abstract and the Court of Appeal will certainly throw such incompetent ground away. In MBN Plc v. NWOBODO (2005) 14 NWLR (PART 945) 379, PATS – ACHOLONU JSC said: “Grounds of Appeal are not formulated in the abstract. They must arise from the Judgment in the same way as the issues, arising from the Ground of Appeal; However meritorious a Ground of Appeal .may be, it must be connected with the controversy between the parties so also is the issue arising vesting of judicial powers under the constitution in the courts.” Per TIJJANI ABUBAKAR, J.C.A.
