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DRAWING UNINTENDED CONCLUSIONS FROM JUDGES STATEMENTS

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Sir James Bacon, V.C., said in Green’s Case (1874) L.R. 18 Eq C.A. 428:- “In the judgments which Judges pronounce, this is inevitable, that having their minds full, not only of the cases before them, but of all the principles involved in the cases which have been referred to, it very often happens that a Judge, in stating as much as is necessary to decide the case before him, does not express all that may be said upon the subject. That leaves the judgment open sometimes to misconstruction, and enables ingenious advocates by taking out certain passages, to draw conclusions which the Judge never meant to be drawn from the words he used.”

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LEGAL DOCUMENTS WITHOUT LAWYER’S STAMP ARE NOT INCOMPETENT; CAN BE REGULARISED

In SC. 663/2015 Mega Progressive Peoples Party v. INEC and 3 Ors. Decided by this Court on the 12th of October, 2015, on the issue of affixing seal, stamp to legal documents etc, this Court said that: “Failure to affix the Nigerian Bar Association stamp cannot invalidate processes filed in court.” The clear interpretation of...

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WHERE COUNSEL ABSENT, BRIEF WILL BE DEEMED ADOPTED

The Respondent’s Brief of Argument dated and filed on 3rd November, 2020, which was settled by Adedotun Ishola Osobu Esq, was deemed adopted pursuant to Order 19 Rule 9(4) of the Court of Appeal Rules, 2016. — A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020 Was this dictum helpful? Yes 0 No 0...

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COUNSEL SHOULD NOT JOIN THE PUBLIC TO RAISE BIAS ON A JUDGE

The above quoted obiter of the learned trial judge did not form part of the ratio decidendi of the judgment and is a good example of the less said, the better by way of obiter in a judgment. In any event, the current penchant of counsel to allege bias against judicial officers under every imagined...

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LEGAL PRACTITIONERS ARE TO KEEP ABREAST WITH THE PRONOUNCEMENTS OF THE SUPREME COURT

The Supreme Court had re-emphasized the binding effect of its judgments on the lower courts in the case of ODEDO v PDP & ORS (2015) LPELR-24738(SC), where Kekere-Ekun, JSC stated at page 65, paras. B – E, as follows: “The Supreme Court is the highest court in the land. By virtue of Section 235 of...

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LAWYERS VS POLITICIANS: MASTERS OF THE LAW VS MASTERS OF THE GAME

While lawyers pride themselves as masters of the law, the Politicians are master game planners and they would never give up unless and until either they realize their desire to ‘serve their people’ or the Apex Court in an appeal before them tell the Politicians with finality that it is all over, then they would...

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COUNSEL SHOULD DRAW COURT’S ATTENTION TO PREVIOUS DECISION

However, learned Counsel for the Respondent failed to draw the attention of the Court to this previous decision. Clearly, he had a duty in law to do so; see Global Trans. S.A. v. Free Enter. (Nig.) Ltd. (2001) 5 NWLR (Pt.706) 426 where it was stated that it is the duty of Counsel to draw the Court’s attention to previous decision of the Court on the same subject matter.

— I.E. Ekwo, J. Daudu v FIRS (2023) – FHC/ABJ/TA/1/2021

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