Bulus Bello Hamman & Ors V. Yakubu Pur & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

I have tagged this determination a ?Decision? by virtue of the provisions of Section 294(2)-(4) wherein every determination by the Justices of the Court of Appeal and the Supreme Court is either a ?decision? or an ?opinion.? Section 318(1) of the Constitution defines a ?decision? to mean, ?in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation.? A ?Ruling? is omitted in the definition under Section 318(1) of the Constitution (supra).

What the framers of the Constitution omitted should not be inserted by trial Judges {Section 294(1)} or Justices of the Supreme Court and 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 196, citingDavies vs. Powell (1737), Willes, 46 at 51 per Willes, C.J. as follows:

When the nature of things changes, the rules of law must change too.? This is

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a truism in that the legislature and within limits, the Courts should change rules to keep the law abreast of change.?

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). 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 ?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

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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.?