By importing equitable consideration into his judgment, the learned trial Judge by what I term judicial legislation threw overboard and or repealed Exhibit –D” which is the applicable customary law to the chieftaincy. The court does not have that power. The office of the judge is jus dicere, not jus dare. See Okumagba v. Egbe (1965) All NLR 62 at 67.
— Ogwuegbu, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994
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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
Jared v. Clements 1903 (Supra), a decision of a strong court, Collins M.R. Romer & Cozens-Hardy L.JJ.-Romer L.J. made the following observation: “A person contracts to purchase certain property. Before completion he is told of an equitable mortgage created some time before by his vendor. What is the position of the completing purchaser when he knows of this? He knows he cannot get title from his vendor unless that outstanding equitable interest is got in or destroyed; and if he completes without that equitable interest being got in or destroyed, he can only take the property subject to that outstanding interest being got in or destroyed. In order to get a good title, it is for him to see that the outstanding interest is got in or destroyed – the purchaser might have asked that the equitable mortgagee should join in the conveyance. He might have gone himself to the equitable mortgagee and asked how matters stood; or he might have done what in fact he did, and asked the vendor to get in the equitable interest …”
In the case of INTERCONTRACTORS NIGERIA LTD v. U.A.C. OF NIGERIA LTD (supra) or (1988) (Pt. 1) Vol. 9 NSCC 737 at 752. This court per KARIBI WHYTE JSC stated:- “It is well settled that every judgment takes effect on pronouncement – see BANK OF WEST AFRICA LTD v. N.I.P.C LTD [1962] LLR 31; OLAYINKA v. ELUSANMI [1971] 1 NMLR 277. A judgment debtor seeking to stay the execution must show that he is challenging the judgment, or is asking for time to comply with the terms of the judgment.”
— D. Musdapher JSC. M.O. Olatunji v. Owena Bank (PLC) & Anor. (SC.349/2002, 25 April 2008)
I belief it is useful to begin my consideration of the main issue for determination in this appeal by advising myself that a judgment in a civil case is made up more or less of five distinct parts. These are the introduction of the issue in controversy between the parties, the cases of either side to the litigation as revealed on the pleadings, the evidence called by either side in support of its case, the resolution of the issues of fact and of law put forward by each party, and the court’s conclusions based on the resolution of the issues and the claims before the Court.
— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)
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)
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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