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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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FINAL ADDRESSES ARE TO ASSIST THE COURT – THEY ARE DISPENSABLE

It was in this light that Supreme Court per Oputa, J.S.C., in Niger Construction limited vs. Okugbeni (1987) 4 NWLR Part 67 pages 787 at page 792; “Addresses are designed to assist the Court. When, as in this case, the facts are straightforward and in the main not in dispute, the trial Judge would be...

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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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FINAL ADDRESS CANNOT MAKE UP FOR LACK OF EVIDENCE

It is not clear to me why the above submission of senior counsel to the respondent has come up. There is no evidence on record that Russal of Russia has taken possession of ALSCON and now fully operates it. Such forms part of address which is ordinarily designed to assist the court. It is not...

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