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WHAT IS A DECISION ON MERIT?

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Dictum

TOMTEC NIGERIA LIMITED VS FEDERAL HOUSING AUTHORITY (2009) 12 SCNJ 190 AT 201 -202 where this Court held “A decision on merit is one rendered after argument and investigation and a determination as to which of the parties is in the right as distinguished from a judgment or decision rendered upon some preliminary or formal part or by default and without trial”.

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WHERE NO APPEAL ON A DECISION THE DECISION REMAINS BINDING

Where a party, be it an Appellant or Respondent does not appeal against a finding or an order of Court, by way of a ground of appeal, a cross-appeal or a Respondent’s notice, that order or finding is binding and acceptable to it. The Respondent herein has not appealed against the order made to introduce and argue the two grounds of appeal. Therefore, the order is binding on it.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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MATTERS TO BE DECIDED AT SUBSTANTIVE CASE SHOULD NOT BE COMMENTED ON AT THE PRELIMINARY

The law is settled that a court should not comment or decide at preliminary stage matters or issues which are supposed to be decided in the substantive case. See NWANKWO & ORS V YAR’ADUA & ORS (2010) LPELR-2109 (SC) at page 71 paras B-F per Coomassie JSC; and OCHOLI ENOJO JAMES, SAN V INEC & ORS (2015) LPELR-24494 (SC) at pg.92 para G, per Okoro JSC.

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

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DECISION OF COURT REMAINS VALID

A decision of a court (whether wrong or right) remains valid and subsisting until set aside by a court that has the jurisdiction to do so. – E.A. Agim, JCA. Ogidi v. Okoli [2014] – CA/AK/130/2012

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CORRECTNESS OF DECISION IS THE FOCUS, NOT THE REASONS

Even though the learned trial Judge seemed to have rejected the respondent’s defence of acquiescence, I cannot ignore it. The lower court and this court need not agree on the reasons for arriving at the same conclusion. The focus of an appellate court is the correctness of the decision of the lower court and not the reasons given for it.

– Ogunwumiju JCA. Awure v. Iledu (2007)

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

Again for emphasis is that an appellate Court such as this Apex one, will not reverse the decision of the Court below simply because the conclusion and decision were reached from a wrong reason. This is so because once the decision is correct the wrong channel or route through which that decision was made would not scuttle the said conclusion. See The State v John Ogbubunjo (2001) 1 SCNJ 86 at 106 per Onu JSC. — M.U. Peter-Odili, JSC. Kwara Judicial Commission v Tolani (2019) – SC.63/2010

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WHAT IS AN INTERLOCUTORY DECISION

Omonuwa v. Oshodin & Anor (1985) 2 NWLR (Pt. 10) 924: “There is clearly no doubt that the principle established in all the above cited cases is that where the decision of the court does not finally determine the issue or issues between the parties or does not at once affect the status of the parties for whichever side the decisions is given, it is interlocutory.”

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