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ONLY WHEN ERROR IN JUDGEMENT OF COURT BELOW IS SUBSTANTIAL THAT APPEAL WILL BE ALLOWED

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At all events, it is not every mistake or error in a judgment that will result in the appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of Justice that the appellate court is bound to interfere. See Onajobi v. Olanipekun (1985) 4 S.C. (Pt.2) 156 at 163; Oje v. Babalola (1991) 4 NWLR (Pt.185) 267 at 282; Ukejianya v. Uchendu (1950) 13WACA 45 at 46; Azuetonma Ike v. Ugboaja (1993) 6 NWLR (Pt.30 1)539 at 556; Ahiodun Famuroti v. Madam Agbeke (1991) 5 NWLR (Pt.189) 1; (1991) 6 S.CN.J. 54 at 64 etc. No miscarriage 1 of justice has been occasioned by the observation of the court below that the return of the title deeds to the 1st appellant during the pendency of the appeal had put an end to the dispute.

— Iguh, JSC. Onamade v ACB (1997) – SC.199/1990

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DURING JUDGEMENT DELIVERING, IT IS NOT NECESSARY FOR ALL PANEL MEMBERS TO BE PRESENT

Now, the Committee is a Tribunal and not a regular court. Even in a court that a Panel is constituted including the two Appellate Courts in this country, it has been held that, it is not necessary for all the Justices that heard the matter, to be present during the delivery of their judgment. Indeed, one of them can read out and deliver the judgment of the Court in the open court. (See the case of Okino v Obanabira & 4 others (1999) 12 SCNJ 27).

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

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PERIOD WITHIN WHICH EVERY COURT MUST DELIVER ITS JUDGEMENT

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.”

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JUDGEMENT OF COURT REMAINS VALID UNTIL SET ASIDE; COURT OF COORDINATE JURISDICTION CANNOT SET ASIDE COORDINATE COURT JUDGEMENT

It is now settled firstly, that a judgment or order of a court of competent jurisdiction, remain valid and effective, unless it is set aside by an appeal court or by the lower court itself if it found that it acted without jurisdiction. See the cases of Ogueze v. Ojiako (1962),SCNLR 112; (1962) 11 All NLR 58 at 61; Williams v. Sanusi (1961) All NLR 334 at 337; Odiase v. Agbo (1972) 1 All NLR (Pt.1) 170 at 176; Melifonwu v. Egbuyi (1982) 9 SC 145; Ajao v. Alao (1986) 5 NWLR (Pt. 45) 802 at 823 and many others. Secondly, in the absence of statutory authority or except where the judgment or order is a nullity, one Judge, has no power, to set aside or vary the order of another Judge of concurrent and co-ordinate jurisdiction. See the cases of Amanabu v. Okafor (1966) 1 All NLR 205 at 207; Okorodudu v. Ejuetami (1967) NMLR 282 at 283; Akporue & Anor v. Okei (1973) 12 SC 137; Uku v. Okumagba (1974)1 All NLR (Pt. 1)475; Wimpey(Nig.)Ltd. v. Balogun (1986) 3 NWLR (Pt. 28) 324 at 331 and Orthopaedic Hospital Management Board v. B. B. Apugo & Sons Ltd. (1990) 1 NWLR (Pt.129) 652 at 657 just to mention but a few. The rationale or reason for this, is because, it is now firmly established that there is only one High Court in a State.

— I.F. Ogbuagu, JSC. Witt Ltd. v Dale Power (2007) – SC.240/2000

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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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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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JUDGEMENT WRITING BY A JUDGE IS A MATTER OF STYLE BUT MUST BEAR ESSENTIAL ELEMENTS

I accept the view that writing of a judgment is an art. I also accept the view that in carrying out this art, each Judge is free to follow his own style to produce a good product. But it is very essential that a Judge must show a clear understanding of the facts in that case, the issues involved, the law applicable and from all these to draw the right conclusions and make a correct finding on the credible evidence before him.

— Umaru Abdullai, J.C.A. JIMOH ABDULLAHI & Ors. v THE STATE (1995) – CA/K/180/C/94

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