Alhaji Aminu Maigari & Ors V. Yahaya Adama & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

I have tagged this determination ?Decision? by virtue of the provisions of Section 294(2)-(4) and Section 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered because a ?decision? to mean, ?in relation to a Court, any determination of that Court and includes judgment, Decree, order, conviction, sentence or recommendation.?

What the fathers of the Constitution omitted should not be inserted by trial and appellate Court Justices. In Davies vs. Powell (1737) Willes, 46, Willes, C.J. held at page 51 that, ?When the nature of things changes, the rules of law must change too.? R.W.M. Dias in Jurisprudence, 4th edition concurred at page 196 as follows:

?This is a truism in that the legislature and within limits, the Courts should change rules to keep the law abreast of change. The question under review is whether changed conditions may deprive a case of its law-quality

?The provisions of the Constitution are supreme and have binding force on every

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person or authority in Nigeria. Any law, rule or judicial practice or precedent that is inconsistent with the provisions of the Constitution, to that extent, is void. See Section 1(1) and (3) of the Constitution (supra). I have the liberty to tag any determination an ?opinion? or ?decision? as provided under Section 294(2)-(4) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Any determination by a Justice of the Court of Appeal is a ?decision? or an ?opinion?.

In Deduwa & Anor. vs. Okorodudu & Ors. (1976) 1 NMLR Alexander, C.J.N. defined the word ?determination? at pages 243-244 as follows:

?We gave careful consideration to the argument of Chief Williams and Dr. Odje. First of all, in order that we should not find ourselves pursuing an academic exercise we had to satisfy ourselves as to whether or not the so-called ?ruling or determination? of the High Court was a judicial ?decision? or ?determination? within the meaning of Section 117(7) of the Constitution. This provision reads as follows:

?In

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this Section ?decision? means, in relation to the High Court of a territory, any determination of that High Court and includes without prejudice to the generality of the foregoing provisions of this Subsection, a judgment, Decree, order, conviction, sentence (other than a sentence fixed by law) or recommendation.?

More light is thrown on the meaning of the words ?decision? and ?determination? in the case of The Automatic Telephone and Electric Co. Ltd. vs. The Federal Military Government of the Republic of Nigeria (1968) 1 All NLR 429 where Ademola, C.J.N. in giving the ruling of the Court said at page 432:

?We have been referred to the Shorter Oxford Dictionary for the meaning of determination. It means ?a bringing or coming to an end? or ?the mental action of coming to a decision,? or ?the resolving of a question.?