Other Citations
RATIO DECIDENDI
1. APPEAL - GROUND(S) OF APPEAL: Whether the success of an appeal depends
on the number of grounds of appeal
"It must outrightly be observed that the four issues the appellant distilled from his
fifteen grounds of appeal are prolix. Indeed most of them are unnecessary and
uncalled for. This Court has repeatedly frowned at this practice and still views it as
poor advocacy. The success of an appeal, the Court has held in very many of its
decisions, neither depends on the number or grounds of appeal nor the issues
formulated from the grounds. In addition to the competence of the two, their
substantiality is even more overriding. see G. K. F. INVESTMENT (NIG) LTD v. NITEL
PLC (2009) LPELR-1294 (SC) and Kupoluyi v. Phillips (2001) 13 NWLR (Pt 731) 736.
The instant appeal questions the lower Court's affirmation of the trial Court's
findings of fact, impression of the witnesses and the credibility attached to the
witnesses, the Court's entire evaluation of evidence leading to the conviction and
imposition of and the nature of prison term on the appellant. Certainly, the
appellant does not require the fifteen grounds of appeal and the four issues to
make bare his grudges and succeed in the appeal. See Sossa v. Fokpo (2001) 1
NWLR (Pt 693) 16 and Ogbuanyinya & 3 Ors v Okudo & Ors (No. 2) (1990) 4 NWLR
(Pt 146) 551 at 556." Per MUHAMMAD, J.S.C. (Pp. 13-14, Paras. A-B) (...read in
context)
2. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: What the prosecution
must prove to succeed in a charge of rape or unlawul carnal knowledge