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COURT OF COORDINATE JURISDICTION GIVING CONTRADICTORY JUDGEMENTS BRINGS IGNOMINY

Dictum

Pats-Acholonu, JSC in N.I.M.B. LTD vs. U.B.N. LTD (2004) 12 NWLR (pt. 888) 599 at 618 thus: “Now there is no doubt that the two Courts in this case of co-ordinate jurisdiction became seised of the same subject matter in which it must be made absolutely clear, made orders which from whatever or however any one may look and try to synthesise or analyse them, were pitched against each other. In that case, the protagonists, id est, the legal combatants would inevitably be put in the quandary as to which order would prevail or be obeyed. …They ought necessarily to avoid a situation where the Court by its being less cautious exposes itself by the nature of the order it makes to ridicule and the majesty and aura of its pronouncements are either compromised or treated with ignominy as a non-issue by the confused parties and I dare say by the common citizenry.”

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DECISION OF COURT SHOULD BE READ IN WHOLE

Now, it is abecedarian law that the decision of a Court is not to be read in convenient instalments. The decision must be read as a whole in order to appreciate the ratio decidendi in the case.

– Ogakwu, J.C.A Fijabi v. FBN (2021)

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A COURT HAS INHERENT POWERS TO SET ASIDE ITS OWN ORDER MADE WITHOUT

In sum, I hold firmly that where a judgment of this court or an order thereof is adjudged a nullity, a party affected thereby is entitled to have it set aside ex debito justitiae. The court has inherent jurisdiction or power to set aside its own order or decision made without jurisdiction if such order or decision is in fact a nullity or was obtained by fraud or if the court was misled into granting same by concealing some vital information or facts. See Igwe v. Kalu (supra), Vulcan Gases Ltd v. G.F. Ind. AC (2001) 9 NWLR (pt.719) 610 at 644 – 645 paras H – A.

— J.I. Okoro JSC. Citec v. Francis (SC.116/2011, 21 February 2014)

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AN APPELLATE COURT IS ONLY INTERESTED IN THE CORRECTNESS OF THE DECISION, NOT THE REASON BY WHICH IT WAS REACHED

It is apposite to state here that it has been established by sufficient authority that an appellate Court is only interested in the correctness of a judgment/ruling or conclusion reached and not with the correctness of the reason by which the Court arrived at its decision, unless it has occasioned a miscarriage of justice, Taiwo and Ors v Sowemimo [1982] 5 SC 60, 74-75; Ibuluya v Dikibo [2011] 3 WRN 1, 23; Agbeje v Ajibola [2002] 2 NWLR (pt. 750) 127; Hillary Farms Ltd. v MV Mahtra[2007] 14 NWLR (pt. 1054) 210.

— C.C. Nweze, JSC. Uzoho v NCP (SC.141/2007, Friday, May 13, 2022)

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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 points appealed against only while the other points or decisions not appealed against remain valid, subsisting and unchallenged.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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DECISION OF COURT REMAINS VALID

A decision of a court (whether wrong or right) remains valid and subsisting until set aside by a court that has the jurisdiction to do so. – E.A. Agim, JCA. Ogidi v. Okoli [2014] – CA/AK/130/2012

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CORRECTNESS OF DECISION IS THE FOCUS, NOT THE REASONS

Even though the learned trial Judge seemed to have rejected the respondent’s defence of acquiescence, I cannot ignore it. The lower court and this court need not agree on the reasons for arriving at the same conclusion. The focus of an appellate court is the correctness of the decision of the lower court and not the reasons given for it.

– Ogunwumiju JCA. Awure v. Iledu (2007)

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