Asca Bitumen Company Limited V. Haruna Isah (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

I tagged this determination ?Decision? by virtue of the provisions of Section 294(2)-(4) and Section 318(1) of the Constitution which defines a ?decision? to means, ?in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation.? Neither is a ?Ruling? or the expression ?interlocutory ruling? or ?interlocutory decisions? included in the word ?decision? under Section 318(1) of the Constitution (supra).

What the framers of the Constitution omitted should not be provided by trial Judges (Section 294(1)) or Justices of the Supreme Court or the Court of Appeal (Section 294(2)-(4) of the Constitution (supra). In Jurisprudence, 4th edition by R.W.M. Diaz appears the following passage at page 197:

?Willes, C.J. once said, ?When the nature of things changes, the rules of law must change too.? This is a truism in that the legislature and within limits, the Courts should change rules to keep the law abreast of

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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 effect on every person or authority in Nigeria. Any law or rule 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 of my determination an ?opinion? or a ?decision? but certainly not ?judgment? or ?ruling? as provided under Section 294(2)-(3) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In Packer vs. Packer (1953) 3 All E.R. 127 Denning, L.J., held at page 129 as follows:

?I am not inclined, however, to stand out for a strict construction of an Act of Parliament if reason and good sense point to a different construction. But in this case reason and good sense go hand in hand with the strict construction.?

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

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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 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: