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IF THE JUDGEMENT OF A COURT IS CORRECT, IT WILL NOT BE REVERSED BECAUSE A WRONG LAW WAS RELIED UPON

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Although the court below relied on the inapplicable 1990 Act or Law in arriving at its said decision, it is now firmly settled that what an appeal has to declare, is whether the decision of the court below, was/is right. If the judgment of a court is correct, it is not liable to reversal merely because it was anchored on a wrong reason or law. In other words, a mistake or error in a judgment, is immaterial provided it has not occasioned a miscarriage of justice. It is not every mistake or error in a judgment, that necessarily, determines an appeal in favour of an appellant. See the cases of Ayeni & 3 Ors. v. Sowemimo (1982) NSCC 104; (1982) 5 S.C. (Reprint) 29; Onajobi v. Olanipekun (1985) 4 S.C. (pt.2) 156 at 163 and Odukwe v. Mrs. Ogunbiyi (1998) 8 NWLR (Pt….) 339 at 351; (1998) 6 SCNJ. 102 at 113 just to mention a few.

— Ogbuagu, JSC. Grosvenor v Halaloui (2009) – SC.373/2002

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PARTY NOT BOUND BY JUDGMENT ON VENDOR AFTER LAND PURCHASE

In Mercantile Investment & General Trust Co. v. River Plate Trust, Loan & Agency Co. (1894)1 Ch 578 at 595 said the learned Judge: “Moreover, if the claim of the plaintiff company could be regarded as one affecting land, notwithstanding that no registration of that claim had been made in Mexico, which alone could validly bind the land there, then the English Company would be entitled to say that they were purchasers of the land prior to that action, notwithstanding that their title may also not have been perfected by registration. A prior purchaser of land cannot be estopped as being privy in estate by a judgment obtained in an action against the vendor commenced after the purchase.”

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DISSENTING JUDGEMENT IS NOT BINDING

Learned counsel for the Appellant has urged this Court to adopt the dissenting view of Agbaje JSC as it is more in accord with the law that creates trust. In alternative learned counsel invited this Court to look further into this matter and if necessary depart from the relevant holding, especially the dictum of Olatawura JSC. I wish to state clearly that the views expressed by my lord Agbaje JSC was raised in a dissenting judgment. A dissenting judgment, however powerful, learned and articulate is not the judgment of the Court and therefore not binding. The judgment of the Court is the majority judgment which is binding. See Orugbo v Una (2002) 16 NWLR (Pt. 792) 175 at 208 Paragraphs B-C. The law under which the case of Ogunola & Ors v Eiyekole (supra) was decided, that is the Land Use Act 1978, has not been repealed or altered. It is still the extant law that regulates land administration in this country. The call therefore on this Court to depart from the said decision is without merit.

— P.A. Galumje, JSC. Huebner v Aeronautical Ind. Eng. (2017) – SC.198/2006

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STAGES IN JUDGEMENT WRITING AS STATED BY OPUTA JSC

Isaac Stephen v. The State (1986) 5 NWLR (Pt.46j 978 in which Oputa J.S.C. set out the stages to be followed in writing a good judgment, particularly in criminal cases. The four stages outlined by the learned Justice are as follows:- “Stage 1: If the plea of the accused is guilty no issues arise and no evidence is required. The trial court can proceed straight to judgment. But if the plea is not guilty (as it is bound to be in murder trials) then all the constituent elements of the offence charged are put in issue. And the onus lies heavily on the prosecution to prove the offence charged beyond reasonable doubt. Stage 2: Issues are thus joined, evidence is led in proof or disproof of each issue. At this stage, the duty of the trial court is merely to record the evidence led and observe the demeanor of the witnesses called by either party. Stage 3: This is the most important and crucial stage as it deals with the perception of facts, evaluation of facts belief or disbelief of witnesses and findings and conclusions based on the evidence accepted by the trial court. At this stage, the trial court will briefly summarize the case of either party. This does not mean producing verbatim the evidence of the prosecution witnesses and of defence witnesses one by one but it does mean using such evidence to tell a coherent and connected story. Having done this, the trial court will then decide which story to believe. Here it is important to emphasize that the over worked expressions “I believe” or “I do not believe” have no extrinsic magic power or potency. There is nothing wrong in believing one side and disbelieving the other if either the belief or disbelief is in consonance with the natural drift of the evidence and the probabilities which on the totality of what evidence it is natural to expect. Stage 4: Having exercised his prerogative to believe or disbelieve having made his findings of fact, the trial court will then draw the necessary inference or conclusion from the facts, would then discuss the applicable law against the background of the facts as found. Any judge that follows the above pattern or something similar to it will be of invaluable help to the Courts of Appeal as well as to parties to the appeal. One would only wish that our trial courts do approach the difficult task of writing judgments in some methodical and orderly fashion.”

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WHAT IS MEANS TO SAY THAT JUDGEMENT IS AGAINST THE WEIGHT OF EVIDENCE

It centers on whether or not the judgment of the lower court was not against the weight of evidence before it. A castigation of a decision on the premise that a judgment is against the weight of evidence, invariably couched as an omnibus ground, connotes that the decision of the trial court cannot be supported by the weight of evidence advanced by the successful party which the court either wrongly accepted or that the inference it drew or conclusion it reached, based on the accepted evidence, is unjustifiable in law. Also, it implies that there is no evidence, which if accepted, will buttress the finding of the trial court. Furthermore, it denotes that when the evidence adduced by the complaining appellant is weighed against that given by the respondent, the judgment rendered to the respondent is against the totality of the evidence placed before the trial court. In ascertaining the weight of evidence, the trial court is enjoined, by law, to consider whether the evidence is admissible, relevant, credible, conclusive or more probable than that given by the other party, see Mogaji v.Odofin (supra); Anyaoke v. Adi (1986) 2 NSCC, vol. 17, 799 at 806,(1986) 3 NWLR (Pt. 31) 731; Nwokidu v. Okanu (supra) (2010) 3NWLR (Pt. 1181) 362; Akinlagun v. Oshoboja (2006) 12 NWLR(Pt. 993) 60; Mil. Gov., Lagos State v. Adeyiga (2012) 5 NWLR (Pt.1293) 291; Oyewole v. Akande (2009) 15 NWLR (Pt. 1163) 119;Agala v. Okusin (2010) 10 NWLR (Pt. 1202) 412.

— Ogbuinya JCA. Benjamin Agi V. Access Bank Plc (formerly known and called Intercontinental Bank Plc (CA/MK/86/2012, 28 Nov 2013)

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TRIAL COURT HAS POWER TO ENFORCE ITS OWN JUDGEMENT

The judgment subsists and remains binding on the parties until set aside; and it took immediate effect from the date it was pronounced. Section 287(3) of the Constitution enjoins the said trial Court to enforce its own judgment.

— Ejembi Eko, JSC. Oboh & Anor v. NFL (SC.841/2016, January 28, 2022)

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ONLY COURT OF LAW CAN PASS GUILT OF AN OFFENCE

A university student is a priceless asset and as he is on the threshold of useful service to the nation, we cannot afford to destroy him by stigmatising him with offences unless proved guilty before a Court. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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