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JUDGEMENT IN REM

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In Oni & Anor V Oyebanji & Ors( SC/CV/398/2023 on 6-4-2023) this court Per Agim JSC restated the law on this concept thusly “As this Court held in Ogboru & Anor v. Uduaghan & Ors (2011) LPELR-8236 (SC) “A judgement in rem may be defined as the judgement of a court of competent jurisdiction determining the status of a person or thing as distinct from the particular interest of a party to the litigation. Apart from the application of the term to persons, it must affect the “res” in the way of condemnation, forfeiture, declaration, status or title. (a) Examples are judgment of a Court over a will creating the status of administration. (b) Judgment in a divorce by a Court of competent jurisdiction dissolving a marriage declaring the nullity or affirming its existence. (c) Judgment in an election petition. The feature of a judgment in rem is that it binds all persons – 36 whether a party to the proceedings or not. It stops anyone from raising the issue of the status of persons or persons or things, or the rights or title to properly litigated before a competent Court. It is indeed conclusive against the entire world in whatever it settles as to status of the person or property. All persons whether party to the proceedings or not are stopped from averring that the status of persons is other than the Court has by such judgement declared or made it to be.” Okpalugo vs. Adeshoye (t996) 10 NELR pt. 476, pg. 77, Fan trades Ltd. vs Uni Association Co. Ltd. (2002) 8 NWLR Pt. 770, pg. 699., Ogbahon vs. Reg. Trustees CCCG (2002) 1 NWLR Pt. 749, pg. 675, Olaniyan vs Fatoki (2003) 13 NWLR pt. 837, Pg. 273.

— E.A. Agim, JSC. Oyetola v INEC & Ors. (2022) – SC/CV/508/2023

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TIMELINESS OF JUDGEMENT RENDERING

But, all the same, certainty of the law is not all that easy as it sounds. Certainty, however, goes along with timeliness. The parties come before either court, with rival or opposing propositions of law. The duty of a Court of Appeal or the Supreme Court is heavier therefore when determining certainty of law from that of the court of first instance. In any case, what is uppermost is timeliness and certainty. Whatever research is necessary, the Court of Appeal or the Supreme Court judgment should be delivered within the time limit. It is, therefore, advisable that the date of judgment should be fixed on the conclusion of argument. The Court will, therefore, not lose sight of the necessary time factor. The parties will also be satisfied that their rights will be determined on a date within a limited period. This will give more credibility and sanctity to a judgment.

— Sowemimo, JSC. Odi v Osafile (1985) – SC.144/1983

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NIGERIAN JUDGEMENTS CAN BE ENTERED IN FOREIGN CURRENCY

If there was any doubt that judgment can now be entered in foreign currency as the Court of Appeal had done, the opinion of Ogundare, JSC in Koya v. United Bank for Africa Ltd. (1997) 1 NWLR (Pt. 481) 251, 269 – 289 should, in my opinion, lay such doubt to rest. After a review of several local and English authorities he said at p. 289: “It is my respectful view that courts in this country can claim jurisdiction to entertain and determine cases where sums in foreign currencies are claimed. The old rule in England, as well as in Nigeria, is judge-made and in the light of present day circumstances of extensive international commercial relationships, that rule should give way to a new rule as now in England more so that the difficulties hitherto experienced in enforcing such judgments no longer apply.”

— Ayoola, JSC. Saeby v. Olaogun (1999) – SC.261/1993

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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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PRESUMPTION AS TO CORRECTNESS OF TRIAL COURT JUDGMENT

The law is that the conclusion of the trial Court on the facts is presumed to be correct, so that presumption must be displaced by the person seeking to upset the judgment on the facts.

– Ogakwu, J.C.A Fijabi v. FBN (2021)

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A CONCURRING OPINION HAS EQUAL WEIGHT AND FORCE AS A LEAD JUDGEMENT

It is settled law that a contributory or concurring judgment has equal weight as the lead judgment. It is part of the lead judgment and therefore has the same force and binding effect. The mere fact that a concurring or contributory judgment contains what is not in the lead judgment will not whittle down its binding effect. Thus in Olufeagba & Ors v. Abdur Raheem (2009) LPELR-2613(SC), my Lord Fabiyi, JSC said: “A concurring judgment, has equal weight with or as a lead judgment. A concurring judgment compliments, edifies and adds to the lead judgment, when the justice, add to it certain aspects which the writer of the lead judgment did not remember to deal with. In so far as a concurring judgment performs same or all the above functions, it has equal force with or as the lead judgment in so far as the principles of stare decisis are concerned.”

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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THERE MUST BE REASON FOR A JUDGEMENT

It is trite that there must be reason for every judgment. — Ejembi Eko, JSC. Cappa v NDIC (2021) – SC.147/2006

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