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CASES ARE NOT DECIDED ON FINAL ADDRESSES BUT ON EVIDENCE – FINAL ADDRESS MERELY ASSIST THE COURT

Dictum

In the case of Michika Local Government vs. National Population commission (1998) 11 NWLR Part 573 page 201, decided by the Court of Appeal (Jos Division), the question for determination was inter alia: Whether the failure of the Census Tribunal to call on the appellant’s Counsel to address the Tribunal before delivering its judgment, amounted to a breach of fair hearing. The Court of Appeal, per Edozie, J.C.A. had this to say at page 212 paragraphs E – G and ratio 5. “On Relevance of addresses of Counsel, addresses of counsel are designed to assist the court. Cases are normally not decided on addresses but on credible evidence. Thus, no amount of brilliance in a final address can make up for the lack of evidence to prove and establish or to disprove and demolish points in issue. When, therefore, facts are straight forward and in the main not in dispute, the trial court could be free to dispense with final address. In the instant case, no miscarriage of justice was occasioned as the respondent did not address the tribunal. Also, the factual issue before the tribunal can be effectually determined without addresses of counsel. The appellant’s complaint about denial of fair hearing is not well founded.”

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AIM OF FILING WRITTEN ADDRESS

It must be realised that the aim of filing written addresses in court, is primarily to save time and obviate unnecessary delay in the administration of justice. The reverse certainly is the end result if an order to file addresses is made and it is insisted that after filing it learned counsel will have to...

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FINAL ADDRESS IS AN IMPORTANT STAGE BEFORE JUDGEMENT DELIVERY

There is no gainsaying the fact that the provision donates to litigating parties the right to render final addresses at the closure of evidence and before judgment. Final address connotes “the last or ultimate speech or submission made to the Court in respect of issue before it, before the delivery of judgment. It is the...

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FAILURE TO FILE A FINAL ADDRESS IS NOT FATAL

In Ndu vs. The State (1990) Part 164 page 550, the Supreme Court held that: “The right of address given to a party or his counsel does not confer on him the right to do so at his pleasure. A party or counsel may forget or be taken to waive his right of address if...

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FINAL ADDRESS CANNOT FILL THE PLACE OF EVIDENCE

That counsel in the guise of final address or brief of argument cannot lead evidence to fill any lacuna in his client’s case. He is not permitted to do so … Final addresses, no matter how brilliantly they are couched cannot constitute evidence and they are not intended to be so: NWADAIRO v. SPDC (1990)...

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THE RIGHT TO FINAL ADDRESS IS PROTECTED BY THE CONSTITUTION

Now, it is undeniable that Section 294 (1) of the Constitution of the Federal Republic of Nigeria consecrates the right to final addresses. Sodipo v. Lemminkainen Oy [1985] 2 NWLR (pt 8) 547; Mustapha v. Governor of Lagos State (1987) 2 NWLR (Pt. 58) 539; Ijebu Ode v. Balogun and Company Ltd. (1991) LPELR 1463...

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