POWER OF COURT TO REFRAME ISSUES FORMULATED BY PARTIES IN A CASE AS A DICTUM

Abstract

The power of court to reframe issues formulated by parties in a general manner has remained fluidic. The Supreme Court held that the law is indeed settled that an Appellate Court may, where it deems the issue or issues formulated for the determination of an appeal as incapable of serving the interest of justice or clumsily crafted, reframe or formulated the new issues for the determination of the appeal. The Court particularly in State v. Sani (2018) LPELR – 43598 (SC) held that it was entitled to reframe the issue or issues formulated by the parties; in order to give the issues precision and clarity, and in reframing the issue or issues different from issues formulated by the parties. This paper contents that the Court is tasked to ensure that the reframed or formulated issues are derived from the grounds of appeal filed by the parties. The paper further recommends that trial Judges are also entitled to reframe the issue or issues formulated by the parties in order to give the issues clarity and precision; as the Court is tasked with ensuring that the reframed or formulated issues are derived from the argument raised by the parties in their briefs.