In any case, section 294(1) of the Constitution is intended to ensure that a court delivers its judgment before the lapse of human memory. Those who preside over the Magistrates’ Court have no claim to better and longer memory than the Judges of Superior Courts, nor can there be a double standard of justice delivery, one in the lower and the other in the High Courts.
— Ngwuta JSC. The State v. Monsurat Lawal (SC. 80/2004, 15 Feb 2013)
SHARE ON
In Obasi Brothers Merchant Co. Ltd. vs. Merchant Bank of Africa Securities Ltd. (2005) 2 SCNJ 272, Pat-Acholonu, JSC held at page 278 that: “A final judgment is one which decides the rights of parties. In other words it is a decision on the merits of the case where the matter is assiduously canvassed and the rendition of a judgment is based on what is canvassed and agitated before the Courts by the legal combatants.”
It is not every mistake or error in a judgment or decision that could vitiate such a decision as the mistake has to be shown to have led to a miscarriage of justice or materially or substantially affected the decision making to have such impact. See Owhonda v Ekpechi (2003) 9-10 SC 1 at 21; Mrs. Jumbo v R. S. H. P. A. D. A. (2005) 5 SC (Pt.11) 102 at 112. — M.U. Peter-Odili, JSC. Kwara Judicial Commission v Tolani (2019) – SC.63/2010
Furthermore, like I equally pointed out in the considered Bench ruling of 11 May 2023, citing Mr Victor Adegboyu v. UBA unreported Appeal No. CA/IL/20/2021, the judgment of which was delivered on 14 April 2022 per His Lordship Amadi, JCA, time is of the essence in labour adjudication; and so the mantra of labour adjudication is: it is better to have a bad judgment quickly, than a good one too late. See The Federal Polytechnic, Mubi v. Mr Emmanuel Peter Wahatana unreported Appeal No. CA/YL/175M/2021, the ruling of which was delivered on 27 April 2023 per His Lordship Affen, JCA.
— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022
Also, in Dalyop vs. Oradiegwu (2000) 8 NWLR Part 669 page 421, this Court, per Akpabio, J.C.A, said: “Section 258(1) of the 1979 Nigerian Constitution (as amended) which appellant said gave him “a constitutional right to address the court before judgment is delivered” did not give him any such right. Rather it restricted the period within which every court must deliver its judgment to a period of “not later than 3 months after the conclusion of evidence and final addresses.”
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
The final exercise of judgment must of necessity involve a consideration of all the correspondence that is properly put in evidence by both sides, all the correspondence tendered in order to establish the case and all that produced in order to disprove the existence of a contract. It is only after such detailed consideration that a tribunal can fairly come to a conclusion as to whether or not the parties actually arrived at an agreement. See Thomas Hussey v. Horne-Payne (1879) 4 App. Cas. 311. The task of analysing the several letters and attempts to reconcile the one with the other is undoubtedly a very difficult one calling for the most serious examination of each and every one of several documents until the tribunal is able to say whether a contract is indeed established.
— Coker JSC. Shell Bp Petroleum Dev. Co. v. Jammal Engineering (Nigeria) Limited (1974)
Click the icons to like, follow, and join JPoetry