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CERTIFIED TRUE COPY OF UNREPORTED DECISION MUST BE PROVIDED BY COUNSEL

Dictum

I need to point out that in paragraph 6.2 of their written address, the claimants referred to an unreported decision of the Court of Appeal: Appeal No: CA/A/122/2014: Federal Inland Revenue Service v. TSKJ Construcoes International Sociadade Unipersonal LDA delivered 17 July 2017. A copy of the unreported decision was not forwarded to this Court as enjoined by Order 45 Rule 3(1) of the NICN Rules 2017. This Court is accordingly not obliged to give any consideration to the cited unreported case (Appeal No: CA/A/122/2014). As His Lordship Augie, JSC intoned in Major General Kayode Oni (Rtd) & 4 ors v. Governor of Ekiti State & anor [2019] LPELR-46413(SC). It is an elementary principle, very elementary, that Counsel who want the Court to make use of authorities cited in Court must provide the name of Parties, the year the case was decided, and where the case is reported, name of the Law Report, the year, volume and page must be cited. But if the said case is unreported, Counsel must provide the Court with a certified true copy of the Judgment sought to be relied upon – see Chidoka & anor v. First City Finance Co. Ltd [2013] 5 NWLR (Pt. 1344) 144 and Ugo-Ngadi v. FRN [2018] LPELR-43903(SC).

— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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WHAT IS AN INTERLOCUTORY DECISION

Omonuwa v. Oshodin & Anor (1985) 2 NWLR (Pt. 10) 924: “There is clearly no doubt that the principle established in all the above cited cases is that where the decision of the court does not finally determine the issue or issues between the parties or does not at once affect the status of the parties for whichever side the decisions is given, it is interlocutory.”

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WHEN IS A DECISION PERVERSE

A decision is perverse where, for example, it has been shown that the trial court (or the court below) took into account matters which it ought not to have taken into account or where the decision has occasioned a miscarriage of justice. — Kekere-Ekun JSC. Uzodinma v. Ihedioha (2020) Was this dictum helpful? Yes 0...

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DECISION OF A COURT OF LAW OF COMPETENT JURISDICTION IS TO BE OBEYED

The true position of the law is that an order of a court whether it is to preserve the status quo or an executory order as such as the instant interim order to restore the name of the 1st respondent in the list of candidates for the aforesaid election clearly being an interim order with...

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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...

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