JUDGEMENT IN REM – IT DETERMINE THE STATUS OF A THING OR PERSON

JUSTICE MUST DELIVER OPINION IN WRITING; APPLIES TO ANY PANEL WITH MORE THAN ONE PANEL

It is evident from this constitutional provision that the intention of the framers of the Constitution is that where a panel of justices hears a cause or matter, each of them must express and deliver his opinion in writing. Such written opinion may however be delivered by any other justice of the court on behalf of a justice who participated in the hearing but is unavoidably absent. The opinion delivered must be the opinion of the justices who participated in the hearing. Even though the provisions of section 294 (1) and (2) refers specifically to; Justices of the Supreme Court and the Court of Appeal, it is my view that the principle is applicable to any court or tribunal that sits in a panel of two or more members.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

JUDGEMENT IN REM VS JUDGEMENT IN PERSONAM

In Dike & Ors v. Nzeka II & Ors (1986) LPELR – 945 (SC), the Supreme Court held thusly – “It is therefore necessary to have a clear idea of the distinction between a judgment tin rem and a judgment in personam. A judgment is said to be in rem when it is an adjudication pronounced upon the Status of some particular thing or subject matter by a tribunal having the jurisdiction and the competence to pronounce on that Status. Such a judgment is usually and invariably founded on proceedings instituted against or on something or subject-matter whose status or condition is to be determined. It is thus a solemn declaration on the status of some persons or thing. It is therefore binding on all persons in so far as their interests in the status of the property or person are concerned. That is why a judgment in rem is a judgment contra mundum binding on the whole world – parties as well as nonparties. A judgment in personam, on the other hand, is on an entirely different footing. It is a judgment against a particular person as distinguished from a judgment declaring the status of a particular person or thing. A judgment in personam will be more accurately called a judgment inter partes. A judgment in personam usually creates a personal obligation as it determines the rights of parties inter se to, or in the subject-matter in dispute whether it be land or other corporeal property or liquidated or unliquidated demand, but does not affect the status of either the persons to the dispute or the thing in dispute.”

ONLY WHEN ERROR IN JUDGEMENT OF COURT BELOW IS SUBSTANTIAL THAT APPEAL WILL BE ALLOWED

At all events, it is not every mistake or error in a judgment that will result in the appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of Justice that the appellate court is bound to interfere. See Onajobi v. Olanipekun (1985) 4 S.C. (Pt.2) 156 at 163; Oje v. Babalola (1991) 4 NWLR (Pt.185) 267 at 282; Ukejianya v. Uchendu (1950) 13WACA 45 at 46; Azuetonma Ike v. Ugboaja (1993) 6 NWLR (Pt.30 1)539 at 556; Ahiodun Famuroti v. Madam Agbeke (1991) 5 NWLR (Pt.189) 1; (1991) 6 S.CN.J. 54 at 64 etc. No miscarriage 1 of justice has been occasioned by the observation of the court below that the return of the title deeds to the 1st appellant during the pendency of the appeal had put an end to the dispute.

— Iguh, JSC. Onamade v ACB (1997) – SC.199/1990

WHAT IS A FINAL JUDGEMENT

A judgment of court which finally settles the rights of the parties in the subject matter of the claim in the sense that it was not given in default of a Statement of Defence is a final judgment.

– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)

A JUDGEMENT IN A CIVIL CASE IS MADE UP OF FIVE DISTINCT PARTS

I belief it is useful to begin my consideration of the main issue for determination in this appeal by advising myself that a judgment in a civil case is made up more or less of five distinct parts. These are the introduction of the issue in controversy between the parties, the cases of either side to the litigation as revealed on the pleadings, the evidence called by either side in support of its case, the resolution of the issues of fact and of law put forward by each party, and the court’s conclusions based on the resolution of the issues and the claims before the Court.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

JUDICIAL OFFICER WHO DID NOT HEAR A CASE CANNOT GIVE A JUDGEMENT OR JOIN IN GIVING OPINION ON IT

The genesis of what brought about the improper constitution of the tribunal when it sat and delivered a ruling on 9 September 2015, has been clearly set out in the lead reasoning. I only re-iterate the position of the law that a judicial officer of whatever jurisdiction, who did not participate in court in taking proceedings in respect of the suit/case in question, has no legal right or capacity to express an opinion in determining dispute between parties in that suit/case where he did not participate at the hearing level of the suit/case. If he does so, the decision delivered in which such a judicial officer participated is a nullity as the court/tribunal was not properly constituted. See Madukolu v. Nkemdilim (1962) 2 SCNLR 341; Adeigbe v. Kushimo (1965) All NLR 260 at 263, Sokoto State Govt. v. Kamdex (Nig.) Ltd (2007) 7 NWLR (Pt. 1034) 492 at 497; Ubwa v. Tiv Area Traditional Council (2004) 11 NWLR (Pt. 884) at 4361. If a decision is a nullity, it cannot confer jurisdiction on same court/ tribunal or any other court or tribunal. One cannot put something on nothing and expect it to stand. It will collapse. See Macfoy v. United African Company Ltd (1961) 3 WLR 1405 at 1409, (1962) 5 SCNLR 152.

— I.T. Muhammad, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)