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APPELLATE COURT IS ONLY CONCERNED WITH WHETHER THE DECISION GIVEN IS RIGHT, NOT WHETHER THE REASON IS RIGHT OR WRONG

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An appellate Court is only concerned with whether the judgment appealed against is right or wrong not whether the reasons given are right or wrong. Where the judgment is right but the reasons given are wrong, the appellate Court does not interfere. It is only where the misdirection has caused the Court to come to a wrong conclusion that the appellate Court will interfere See also Abaye v. Ofili (1986) 1 NWLR (Pt. 15) 134: Ukejianya v. Uchendu 18 WACA 46; Obajimi v. Adeobi (2008) 3 NWLR (Pt. 1075) 1 @ p. 19: Owor v. Christopher (2010) All FWLR (Pt. 511) 962 @ p. 992; Sogbamu v. Odunaiya (2013) All FWLR (Pt. 700) 1249 @ p. 1302; Mini Lodge v. Ngei(2010) All FWLR (Pt. 506) 1806 @ pp. 1820-1821; Saeed v. Yakowa (2013) All FWLR (Pt. 692) 1650 @ p. 1681.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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DECISION OF COURT SHOULD BE READ IN WHOLE

Now, it is abecedarian law that the decision of a Court is not to be read in convenient instalments. The decision must be read as a whole in order to appreciate the ratio decidendi in the case.

– Ogakwu, J.C.A Fijabi v. FBN (2021)

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DECISION OF A COURT NOT APPEALED AGAINST IS BINDING

The law is settled that a decision of a Court of competent jurisdiction not appealed against remains valid, subsisting and binding on the parties and is presumed acceptable by them. It is also the law that where there is an appeal on some points only in a decision, the appeal stands or falls on those points appealed against only while the other points or decisions not appealed against remain valid, subsisting and unchallenged.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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TEST FOR WHETHER A DECISION IS FINAL OR INTERLOCUTORY

However, I believe that, but for what looked like a brief inter regnum under the decision in W.A. Omonuwa v. Napoleon Oshodin & Anor. (1985) 2 N.W.L.R. 924, at p. 938 – but which has now been explained away in the decision in A.M.O. Akinsanya v. United Bank for Africa Limited (1986) 4 N.W.L.R. 273, at pp. 289 – 291, the test as to whether a decision is final or interlocutory which has been preferred by authoritative decisions in this country has been consistently one which looks at the result, id est, which asks the question: “does the judgment or order, as made, finally dispose of the rights of the parties” See on this: Blay & Ors. v. Solomon (1947) 12 W.A.C.A. 117; William Ude & Ors. v. Josiah Agu & Ors. (1961) 1 All N.L.R. 65; A.M.O. Akinsanya v. U B.A. Ltd. (supra).

— Nnaemeka-Agu JSC. Bennett Ifediorah & Ors. V. Ben Ume & Ors. (1988)

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FINDING NOT APPEALED IS BINDING ON PARTY

It is settled law, however, that a finding of a court or tribunal not appealed against is deemed accepted by the party against whom the finding was made in the instant case, the appellants. However, if the appellants had sought and obtained the leave of the courts to appeal against the findings of facts or mixed law and facts or to raise fresh issues not raised in the court below, it would have been sufficient to sustain ground 1 of the grounds of appeal. Since no such leave was sought and obtained the affected ground is doomed to be struck out for being incompetent.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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DECISION OF COURT WHICH APPEARS SUBSTANTIALLY REGULAR IS PRESUMED TO BE CORRECT

The duty of every appellant is to show and or establish that the decision he has appealed was wrong or unreasonable. Every decision of a Court of law, a judicial act, done in a manner substantially regular is presumed to be correct and that formal requisites for its validity were complied with. The presumption of regularity under Section 167(1) of the Evidence Act, 2011 is all about this.

— E. Eko, JSC. Kassim v. State (2017) – SC.361/2015

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FINAL VS INTERLOCUTORY DECISIONS: DISTINCTION

In Clement C. Ebokam vs. Ekwenibe & Sons Trading Company Ltd. (1999) 7 SCNJ 77, Kalgo, JSC held at page 87 that: “…Where the decisions of the Court under consideration clearly and wholly disposes of all the rights of the parties in the case, that decision is final. But where the decision only disposes of an issue or issues in the case, leaving the parties to go back to claim other rights in the Court, then that decision is interlocutory. And in order to determine whether the decision is final or interlocutory, the decision must relate to the subject matter in dispute between the parties and not the function of the Court making the order.”

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