In Obodo v. Olomu (1987) 3 NWLR (Pt.59) 111 at page 121, Belgore, JSC, observed as follows: “Addresses of counsel form part of the case and failure to hear the address of one party, however overwhelming the evidence on the one side, vitiates the trial because in many cases, it is after the addresses that one finds the law on the issue fought not in favour of the evidence adduced … By holding that the decision could not have been different if all the address were before the trial court, the Court of Appeal was attempting to read the mind of the trial Judge. He heard the evidence and saw the witnesses, the addresses might have thrown a new light on his view on the evidence. For a totality of a case heard entails not only the evidence but also the addresses.” At pages 123 and124, Obaseki, JSC, stated:- “The hearing of addresses by every court established by the Constitution of the Federal Republic of Nigeria is recognised by the constitution. It is to be given before judgment. See section 258 (1) – “Its beneficial effect and impact on the merit of the case is enormous and unquantifiable. The value is immense and its assistance to the Judge in arriving at just and proper decision though dependent on the quality of the address cannot be denied … until the learned trial Judge’s mind is exposed to an address, no one can say what effect it will have on his mind. It cannot be said that in the light of the above, the failure to hear the address of counsel for the plaintiff has not occasioned a miscarriage of justice. It certainly has not served the interest of justice. Miscarriage of justice vitiates a judgment and renders it a nullity.”
CASES ARE NOT DECIDED ON FINAL ADDRESSES BUT ON EVIDENCE – FINAL ADDRESS MERELY ASSIST THE COURT
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.”