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DECISION OF COURT SHOULD BE READ IN WHOLE

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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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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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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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UNLESS DECISION IS PERVERSE, FINDING OF TRIAL COURT IS UPHELD

In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight and due respect.”

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A COURT OF RECORDS HAS THE INHERENT POWERS TO SET ASIDE ITS DECISION WHERE

The Supreme Court, and any other superior court of record, possesses inherent power to set aside its judgment in appropriate cases. Such circumstances include: a. When the judgment is obtained by fraud or deceit b. When the judgment is a nullity and a person affected by the order is entitled ex debito justitiae to have it set aside. c. When the court was misled into giving judgment under the mistaken belief that the parties had consented to it. d. Where judgment was given in the absence of jurisdiction. e. Where the procedure adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication. See: Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt.109) 250; A.D.H. Ltd. v. Amalgamated Trustees Ltd, (2007) ALL FWLR (Pt.392) 1781 @ 1840 C – F; Alao v. A.C.B. Ltd. (2000) FWLR (Pt. 11) 1858; (2000) 9 NWLR (Pt.672) 264; Igwe v. Kalu (2002) 14 NWLR (Pt.787) 435; Madukolu v. Nkemdilim (1962) SCNLR 341; Obimonure v. Erinosho (1966) All NLR 245.

— K.M.O. Kekere-Ekun JSC. Citec v. Francis (SC.116/2011, 21 February 2014)

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APPELLATE COURT IS CONCERNED ABOUT THE RIGHTNESS OF A DECISION, NOT REASONS

This makes one remind himself that what an appellate Court is concerned with should at all times be the rightness or wrongness of the decision and not necessarily the reasons for the conclusion or decision. This is so because, once the decision is right it would be upheld at the higher level irrespective of the fact that a wrong reason was given for that decision. See Dickson Arisa v The State (1988) 7 SCNJ 760 at 84; Akpene v Barclays Bank (1977) 1 SC 57; Osakwe v Governor of Imo State (1991) 5 NWLR (Pt.191) 318 at 333-334; Anekwe v Nweke (2014) All FWLR (Pt.739) 1154 at 1175; Amadi v Nwosu (1992) 5 NWLR (Pt. 241) 275;Nitel Ltd v Ikpi (2007) 8 NWLR (Pt.1035) 96 at 109 -110.

— M.U. Peter-Odili, JSC. MTN v. Corporate (2019) – SC.674/2014

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AN APPELLATE COURT IS ONLY INTERESTED IN THE CORRECTNESS OF THE DECISION, NOT THE REASON BY WHICH IT WAS REACHED

It is apposite to state here that it has been established by sufficient authority that an appellate Court is only interested in the correctness of a judgment/ruling or conclusion reached and not with the correctness of the reason by which the Court arrived at its decision, unless it has occasioned a miscarriage of justice, Taiwo and Ors v Sowemimo [1982] 5 SC 60, 74-75; Ibuluya v Dikibo [2011] 3 WRN 1, 23; Agbeje v Ajibola [2002] 2 NWLR (pt. 750) 127; Hillary Farms Ltd. v MV Mahtra[2007] 14 NWLR (pt. 1054) 210.

— C.C. Nweze, JSC. Uzoho v NCP (SC.141/2007, Friday, May 13, 2022)

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