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JUSTICE MUST DELIVER OPINION IN WRITING; APPLIES TO ANY PANEL WITH MORE THAN ONE PANEL

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It is evident from this constitutional provision that the intention of the framers of the Constitution is that where a panel of justices hears a cause or matter, each of them must express and deliver his opinion in writing. Such written opinion may however be delivered by any other justice of the court on behalf of a justice who participated in the hearing but is unavoidably absent. The opinion delivered must be the opinion of the justices who participated in the hearing. Even though the provisions of section 294 (1) and (2) refers specifically to; Justices of the Supreme Court and the Court of Appeal, it is my view that the principle is applicable to any court or tribunal that sits in a panel of two or more members.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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COURT JUDGEMENT IS VALID UNTIL APPEALED AGAINST

The law is settled that the judgment of any competent Court, once perfected, and not appealed against, is valid and subsisting until it is set aside by competent Court or authority.

– Kekere-ekun JSC. Adegbanke v. Ojelabi (2021)

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BECAUSE A JUDGEMENT IS A NULLITY DOES NOT MEAN IT IS NON-EXISTENT

I must observe that in trying to answer these important questions, learned counsel for the respondents tried to take umbrage under the statement of Lord Denning in Macfoy v. United African Co. Ltd. (1961) 3 W.L.R. 1405 at p.1409, P.C. where he said: Any purported exercise of any function being without any legal or Constitutional authority was null and void and of no effect. . .” If an act is void, then it is in law a nullity. It is not only bad but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without much ado, though it is sometimes convenient to have the court declare it to be so. And every proceeding, which is founded on it, is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse. With respects to the learned counsel for the respondents, it appears to me that the very eminent Lord Justice’s aim in this much misquoted and misapplied dictum was again talking of the effect in law of a judgment being declared void. It is “automatically null and void without more ado” and every proceeding which is founded on it is also bad and incurably bad.” His Lordship did not say that it ceases to exist as a fact. I agree with Chief Williams that there is a world of difference between saying that a judgment has no legal effect or consequences and saying that it is non-existent; between giving a judgment which is a nullity because, say, it was given without jurisdiction and saying that no judgment was given at all. The learned Justice of Appeal was, therefore, in error when he held that because the previous judgment of the Court of Appeal had been nullified by this court-for having been delivered more than three months of the conclusion of the final addresses, it follows that the judgment was non-existent. In my view, although, by its being declared a nullity, the judgment had no more any legal effect, it continued to exist de facto.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

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SOME PRINCIPLES ON THE NATURE OF A COURT’S JUDGMENT

1. A judgment or ruling of a competent court ought not to be illusory, but ought to have its consequences. One consequence of the Order of the Court of Appeal dated 13/11/85 is the restoration of Chief Ojukwu to his residence at No. 29 Queen’s Drive. The applicants by their delaying tactics have so far made that order illusory.

2. A judgment once given should be accepted as correct until the contrary is proved. This can only be done by and in an appropriate higher Court of Appeal – in this case the Supreme Court. This Court has not yet over-ruled or set aside the Order of the Court of Appeal of 13/11/85.

3. He who is in defiant disobedience of the law – here an Order of court – cannot appeal to the same law to help him continue in his disobedience.

4. The Applicants in this Motion are asking the court to exercise its discretion in their favour. The exercise of discretion is equitable and the function of equity is to supplement the law never to counteract or contradict the law.

– Oputa, JSC. Military Governor v. Ojukwu (1986) – SC.241/1985

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ONCE A COURT DELIVERS JUDGEMENT IT IS FUNCTUS OFFICIO; EXCEPTIONS THAT EXISTS

It is settled law that once a Court has delivered its decision on a matter, it becomes functus officio with regard to that matter. What this means is that a Court cannot sit as an appellate Court over its decision; once it has decided a matter, it ceases to be seized of it, and it cannot re-open it for any purpose whatsoever – see Ogboru V. Ibori (2005) 13 NWLR (Pt. 942) 319 Sun Insurance V. LMBS Ltd. (2005) 12 NWLR (Pt 940) 608, Ukachukwu V. Uba (2005) 18 NWLR (Pt 956) 1, Ubeng V. Usua (2006) 12 NWLR (Pt 994) 244 and Onyekweli V. INEC (2009) 6 NWLR (Pt 1136) 13. But the law also says that Courts of record have the inherent jurisdiction to set aside their Judgments/decision/order, in appropriate cases. When a. The Judgment is obtained by fraud or deceit either in the Court or of one or more of the Parties; b The Judgment is a nullity; c. It is obvious that the Court was misled into giving Judgment under a mistaken belief that the parties consented to it; d. The Judgment was given in the absence of jurisdiction; e. The proceedings adopted was such as to deprive the decision or Judgment of the character of a legitimate adjudication; or f. Where there is fundamental irregularity. See Alao V. ACB (2000) 9 NWLR (Pt 672) 264, Tomtec (Nig.) Ltd. V. FHA. (2009) 16 NWLR (Pt 1173) 358 SC, and Jev V. lyortom (supra).

— A.A. Augie, JCA. Elias v Ecobank (2016) – CA/L/873/2013

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TO VARY COURT JUDGEMENT, RESPONDENT NEEDS TO FILE RESPONDENT’S NOTICE

The 1st defendant cannot in the circumstances of this case, it not having appealed and not having filed a respondent’s notice, pray for a variation in the judgment in its favour.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

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JUDGEMENT CONFINED TO ISSUE RAISED

It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings See: Ochonma v. Asirim Unosi (1965) NMLR 321. The court cannot grant remedies or reliefs not claimed by the parties. – Karibe-Whyte JSC. Awoniyi v. AMORC (2000)

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