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RATIONALE BEHIND JUDGEMENTS BEING DELIVERED WITHIN THE CONSTITUTIONAL THREE MONTHS

Dictum

There is no doubt, that if a Court of Appeal fails to deliver its judgment within three months, such failure contravenes this provision. Therefore, any judgment becomes null and void if delivered outside the time limit. The question is, who should be blamed since the appellants or the respondents as the case may be, are not responsible for the lateness of the Court of Appeal in delivering its judgment. Where, therefore, should the blame lie, in what appears to be the wrong doing of a panel of judges There is no provision in the law as to who will bear the responsibility for the cost of re-hearing. It therefore appears, that parties to a suit are being punished for the wrong doing which they are not responsible for. It is in this sense that counsel argued forcibly that the construction of the relevant section should not be mandatory but directory. If one accepts the argument that the provision of section 258(1) of the 1979 Constitution is directory, then the question is as to what happens to the judgment delivered in breach of it. Definitely, the judgment violates the provision of the Constitution, because it was delivered out of time. The judgment, therefore, is null and void. The next question is as to what happens to the parties and the judges Except that the judgment becomes null and void, the judges do not suffer any liability. It is quite clear that there is no provision for damnifying judges for such a breach. This section of the Constitution has been specially promulgated to prevent rather undue delayed judgment, which, being capable of being set aside, does not benefit either party to the case or on appeal. When any judgment is unnecessarily delayed, it is not possible for the court of trial to retain observations of the witnesses, and the freshness of the demeanour of a witness is lost. It is, therefore, to save such undue delay that this particular provision has been made. Often in the past, a judgment is set aside and the case is remitted for retrial or re-hearing, because the delay is so long that a trial judge would have lost advantage of observation of a witness and sometimes forgets the sequence. It is the duty of all judges to apply the laws strictly, but it will not be right of them to attempt to wriggle out of such application and defeat its object. It is, therefore, essential that all courts should see to the proper compliance with section 258 (1) of the Constitution of Nigeria 1979. Learned counsel for the appellant emphasised that directory construction should be preferred, because of the helplessness of parties. In a judgment given in violation of section 258(1), one party gains and the other loses. It is only fair that parties be restored to their original status when ordering re-hearing. The purpose of section 258(1) is to give some certainty as to the law determining rights of parties. It is, therefore, of the utmost importance to either the appellant or the respondent that a court, which determines an appeal, does so within the required period. That will lead to the enhancement of the court and the judiciary.

— Sowemimo, JSC. Odi v Osafile (1985) – SC.144/1983

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JUDGEMENT IN REM – IT DETERMINE THE STATUS OF A THING OR PERSON

Now, in Law, a judgment in personam is a judgment against persons who are parties or privies to the particular suit or proceeding alone. It is referred to as judgment inter parties. It is a judgment binding on the parties to the action alone. A judgment in rem on the other hand, is a judgment that determines the status of a person or thing as distinct from referred to as a the particular interest of a party to the litigation. It judgment contra-mundum, binding on the whole World. It is therefore binding, not only on the parties to the dispute but even on non-parties. Therefore, once the status of a person or thing has been pronounced upon by a Court of competent jurisdiction, no person is permitted to assert the contrary of what the Court has determined. See Black’s Law Dictionary (11th Edition) at page 1008; Gbemisola v. Bolarinwa (2014) 9 NWLR (pt. 1411) 1 at 19; Yanaty Petrochemical Ltd v. EFCC (2017) LPELR -43473 (SC) and Ladejobi & Ors v. Oguntayo & Ors (2015) LPELR-4170 (CA). A judgment in rem therefore, is an adjudication which pronounced upon the status of a particular subject matter, by a Court of competent jurisdiction.

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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

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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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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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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ONCE JUDGEMENT IS DELIVERED, THE OBLIGATION OF SURETY CEASES

It need be examined the extent of duty and responsibility of the 1st and 2nd respondents as sureties to the 3rd respondent who was standing trial before the Court of trial and that obligation is to ensure that the 3rd respondent attended trial from the inception of trial to judgment delivery and that is what the bail bond entails. Therefore by the effect of the combined provisions of Sections 119, 120, 122, 127, 128, 137, 141 and 143 of the Criminal Procedure Act, the forfeiture of the bail bond is contemplated during the criminal trial and not after a discharge and acquittal of the accused/3rd respondent. This is because once judgment is delivered resulting either in conviction or discharge and acquittal, the obligation of the surety ceases to exist. The implication is that the application for forfeiture which the appellant brought after the judgment which culminated in the discharge and acquittal of the 3rd respondent cannot be explained within any law known in our nation since by that time the exercise of jurisdiction of the trial Court over the matter that had to do with the charge on which the 3rd respondent faced had terminated. What I am trying to say is that the appellant was trying by the Motion for forfeiture of the bail bond to resurrect a dead and buried process which the Court lacked the jurisdiction to entertain.

— M.U. Peter-Odili, JSC. FRN v Maishanu (2019) – SC.51/2015

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ERROR CANNOT SET-ASIDE JUDGEMENT

An error of the lower court will not result in appeal being allowed unless it is substantial and miscarriage of justice is occasioned thereby.

– Ogunwumiju JCA. NBC v. Olarewaju (2006) – CA/IL/43/2004

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