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WHAT IS A FINAL JUDGEMENT?

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In Obasi Brothers Merchant Co. Ltd. vs. Merchant Bank of Africa Securities Ltd. (2005) 2 SCNJ 272, Pat-Acholonu, JSC held at page 278 that: “A final judgment is one which decides the rights of parties. In other words it is a decision on the merits of the case where the matter is assiduously canvassed and the rendition of a judgment is based on what is canvassed and agitated before the Courts by the legal combatants.”

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EXECUTORY JUDGEMENT VS DECLARATORY JUDGEMENT

Executory judgment declares the respective rights of the parties and then proceeds to order the defendant to act in a particular way. e.g. to pay damages or refrain from interfering with the plaintiffs’ rights, such order being enforceable by execution if disobeyed. Declaratory judgments, on the other hand, merely proclaim the existence of a legal relationship and do not contain any order which may be enforced against the defendant. Second: A declaratory judgment may be the ground of subsequent proceedings in which the right, having been violated, receives enforcement but in the meantime there is no enforcement or any claim to it … A declaratory judgment is complete in itself since the relief is the declaration. See Vol. 1 Halbury Laws, 4th Ed., para. 185 187; Akunnia v. Attorney General of Anambra State (1977) 5 S.C. (161 at 177).

— Agbaje JSC. Okoya & Ors. V. S. Santilli & Ors. ( SC.206/1989, 23 MAR 1990)

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NULL JUDGEMENTS BECOME MERE DOCUMENTS; COURT CANNOT TAKE JUDICIAL NOTICE OF ALL DOCUMENTS IN HIS REGISTRY

As stated earlier, such judgments exist not as judgments but as documents. They become documents as any other document in the Registry of the court. It would be most tedious to argue that the court could take judicial notice of every document in its registry. Section 73 of the Evidence Act deals with matters, which the court can take judicial notice of. As stated earlier, a judgment declared null exists in fact, it exists as a document in the Registry. In my view, if any party to proceedings desires to make use of such document, it has to be produced before the court. Section 73(3) of the Evidence Act provides that:-“If the Court is called upon by any person to take judicial notice of any facts, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.”

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

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PERIOD WITHIN WHICH EVERY COURT MUST DELIVER ITS JUDGEMENT

Also, in Dalyop vs. Oradiegwu (2000) 8 NWLR Part 669 page 421, this Court, per Akpabio, J.C.A, said: “Section 258(1) of the 1979 Nigerian Constitution (as amended) which appellant said gave him “a constitutional right to address the court before judgment is delivered” did not give him any such right. Rather it restricted the period within which every court must deliver its judgment to a period of “not later than 3 months after the conclusion of evidence and final addresses.”

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A JUDGEMENT IN A CIVIL CASE IS MADE UP OF FIVE DISTINCT PARTS

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)

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ARBITRAL AWARDS HAVE SAME FORCE AS A JUDGEMENT OF A COURT

Onwu v. Nka (1996) 7 NWLR (Pt.458) 1 at 17 paragraph E, where the Supreme Court, per Iguh JSC. had this to say: “The law is well settled that where disputes or matters in difference between two or more parties are by consent of the disputants submitted to a domestic forum inclusive of arbitrators or a body of persons who may be invested with judicial authority to hear and determine such disputes and matters for investigation in accordance with customary law and general usages, and a decision is duly given, it is as conclusive and unimpeachable (unless and until set aside on any of the recognized grounds) as the decision of any constituted court of the land, such a decision is consequently binding on the parties and the courts in appropriate cases will enforce it.”

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JUDICIAL OFFICER WHO DID NOT HEAR A CASE CANNOT GIVE A JUDGEMENT OR JOIN IN GIVING OPINION ON IT

The genesis of what brought about the improper constitution of the tribunal when it sat and delivered a ruling on 9 September 2015, has been clearly set out in the lead reasoning. I only re-iterate the position of the law that a judicial officer of whatever jurisdiction, who did not participate in court in taking proceedings in respect of the suit/case in question, has no legal right or capacity to express an opinion in determining dispute between parties in that suit/case where he did not participate at the hearing level of the suit/case. If he does so, the decision delivered in which such a judicial officer participated is a nullity as the court/tribunal was not properly constituted. See Madukolu v. Nkemdilim (1962) 2 SCNLR 341; Adeigbe v. Kushimo (1965) All NLR 260 at 263, Sokoto State Govt. v. Kamdex (Nig.) Ltd (2007) 7 NWLR (Pt. 1034) 492 at 497; Ubwa v. Tiv Area Traditional Council (2004) 11 NWLR (Pt. 884) at 4361. If a decision is a nullity, it cannot confer jurisdiction on same court/ tribunal or any other court or tribunal. One cannot put something on nothing and expect it to stand. It will collapse. See Macfoy v. United African Company Ltd (1961) 3 WLR 1405 at 1409, (1962) 5 SCNLR 152.

— I.T. Muhammad, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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