NOT EVERY ERROR IN A JUDGEMENT WILL VITIATE IT

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)

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

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)

A MERE VARIATION OF PANEL DOES NOT NULLIFY JUDGEMENT OF COURT

This is also settled, a mere variation in the composition of a Panel or tribunal or court, which does not affect the substance of the inquiry, cannot touch or affect, the judgment or decision, of such a body neither does such variation, render the judgment or decision, a nullity.

— Ogbuagu JSC. Ndukwe v LPDC [2007] – SC 48/2003

WHAT IS AN EXECUTORY JUDGMENT

An executory judgment or order is one that states the respective rights of the parties and goes the extra mile to order the defendant to act in a particular way or refrain from interfering with the plaintiffs’ rights, e.g. to pay damages or as in this case to stop parading himself as the Eesa of Iragbiji. – Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012