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OUT OF NOTHING, NOTHING CAN ARISE; NOTHING CAN COME FORTH OF A JUDGEMENT THAT IS A NULLITY

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The aforesaid attempt by respondents’ counsel to influence this court, consisting of a different panel of Justices, by the previous but nullified conclusions-even though described as opinions-of its predecessors in respect of the same appeal is, in my view, a novel and an improper one. As rightly submitted by learned Counsel for the appellants a judgment set aside as a nullity ceases to have any effect whatsoever, for it is non-existent and as if it had never been given. I therefore agree with the conclusion of appellants’ counsel that such judgment “cannot constitute an opinion of the court that gave it, for out of nothing, nothing can arise.” Reference was specially made to the cases of Akpene v. Barclays Bank (1977)1 S.C. 47 at 59 where the Supreme Court adopted the view of Lord Denning in Macfoy v. United African Company Ltd. (1961) 3 W.L.R. (P.C.) 1405 at 1409, to the effect that: “You cannot put something on nothing and expect it to stay there. It will collapse.”

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

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ONLY COURT OF LAW CAN PASS GUILT OF AN OFFENCE

A university student is a priceless asset and as he is on the threshold of useful service to the nation, we cannot afford to destroy him by stigmatising him with offences unless proved guilty before a Court. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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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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DISSENTING JUDGEMENT IS NOT BINDING

Learned counsel for the Appellant has urged this Court to adopt the dissenting view of Agbaje JSC as it is more in accord with the law that creates trust. In alternative learned counsel invited this Court to look further into this matter and if necessary depart from the relevant holding, especially the dictum of Olatawura JSC. I wish to state clearly that the views expressed by my lord Agbaje JSC was raised in a dissenting judgment. A dissenting judgment, however powerful, learned and articulate is not the judgment of the Court and therefore not binding. The judgment of the Court is the majority judgment which is binding. See Orugbo v Una (2002) 16 NWLR (Pt. 792) 175 at 208 Paragraphs B-C. The law under which the case of Ogunola & Ors v Eiyekole (supra) was decided, that is the Land Use Act 1978, has not been repealed or altered. It is still the extant law that regulates land administration in this country. The call therefore on this Court to depart from the said decision is without merit.

— P.A. Galumje, JSC. Huebner v Aeronautical Ind. Eng. (2017) – SC.198/2006

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TRIAL COURT HAS POWER TO ENFORCE ITS OWN JUDGEMENT

The judgment subsists and remains binding on the parties until set aside; and it took immediate effect from the date it was pronounced. Section 287(3) of the Constitution enjoins the said trial Court to enforce its own judgment.

— Ejembi Eko, JSC. Oboh & Anor v. NFL (SC.841/2016, January 28, 2022)

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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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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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