SUPREME COURT IS MORE CONCERNED ABOUT THE DECISION, THAN REASON OF COURT OF APPEAL

APPELLATE COURT IS ONLY CONCERNED WITH DECISION OF COURT NOT REASONS GIVEN

Ndayoko & Ors. V. Alhaji Dantoro & Ors (2004) 13 NWLR (Pt. 889) 187 @ p. 198, where Edozie JSC., had pronounced with finality on this vexed issue, thus: “An appellate Court is only concerned with whether the judgment appealed against is right or wrong not whether the reasons given are right or wrong. Where the judgment is right but the reasons given are wrong, the appellate Court does not interfere. It is only where the misdirection has caused the Court to come to a wrong conclusion that the appellate Court will interfere….”

COURT OF COORDINATE JURISDICTION GIVING CONTRADICTORY JUDGEMENTS BRINGS IGNOMINY

Pats-Acholonu, JSC in N.I.M.B. LTD vs. U.B.N. LTD (2004) 12 NWLR (pt. 888) 599 at 618 thus: “Now there is no doubt that the two Courts in this case of co-ordinate jurisdiction became seised of the same subject matter in which it must be made absolutely clear, made orders which from whatever or however any one may look and try to synthesise or analyse them, were pitched against each other. In that case, the protagonists, id est, the legal combatants would inevitably be put in the quandary as to which order would prevail or be obeyed. …They ought necessarily to avoid a situation where the Court by its being less cautious exposes itself by the nature of the order it makes to ridicule and the majesty and aura of its pronouncements are either compromised or treated with ignominy as a non-issue by the confused parties and I dare say by the common citizenry.”

WHAT MAKES A DECISION PERVERSE

In all then, a decision is said to be perverse: (a) When it runs counter to the evidence; or (b) Where it has been shown that the trial Court took into account matters which it ought not to have taken into account or shut its eyes to the obvious; or (c) When it has occasioned a miscarriage of justice.

– Chima Centus, JSC Dondos v. State (2021) – SC.905/2014

UNLESS DECISION IS PERVERSE, FINDING OF TRIAL COURT IS UPHELD

In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight and due respect.”

COURT OF COORDINATE JURISDICTION CANNOT SET ASIDE ANOTHER COORDINATE COURT DECISION

It needs be reiterated that a Court after the dismissal of a suit before it lacks the competence to delve into the matter any longer. The fact that the Court is being presided over by another judge of the same jurisdiction as the judge that dismissed Suit No. HOY/7/97 does not make any difference. The Court lacks the jurisdiction to re-phrase the judgment, of a Court of co-ordinate and competent jurisdiction.

– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)