RAISING A FRESH ISSUE ON APPEAL

Where a party wishes to raise and argue any fresh issue in an appeal which was not raised or canvassed at the lower court,he must seek for and obtain leave of the appellate court before he can validly do so.The only exception to this rule against fresh issues without leave is where the issue is or relates to the question of jurisdiction which can be raised at any stage even for the first time without leave.Where leave is required and has not been sought or obtained as in the present case,the issue (or point) so raised will be regarded as incompetent and either struck out or discountenanced See: Obiakor v. State (2002)10 NWLR (pt.776)612; Gaji v. Paye (2003)8NWLR (Pt.823)583; Makanjuola v. Balogun (1989)3NWLR (pt.108)192; Oredoyin v. Arowolo(1989) 4NWLR (pt.114)172