Nandom Miri Dashe & Ors V. Nanyak Sallah Jatau & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

By virtue of Section 294(1)-(5) of the Constitution of the Federal Republic of Nigeria, 1999 any determination of a Justice of the Court of Appeal or the Supreme Court constitutes a decision or an opinion.

In Section 318(1) of the Constitution, Decision means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation.The word ruling is excluded from the definition. The legislature does not recognize a ruling as a determination of trial Judges, Justices of the Court of Appeal nor the Supreme Court. ?In Udoh vs. Orthopaedic Hospital Management Board (1993) 7 SCNJ (Pt.2) 436 Karibi-Whyte, JSC held at page 443 as follows:

It is a well settled principle of construction of statutes that where a section names specific things among many other possible alternatives, the intention is that those not named are not intended to be included. Expression unius est exclusion alterius. See A-G. of Bendel State vs. Aideyan (1989) 4 NWLR

646. This is that the express mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication, with regard to the same issue See Ogbuinyinya vs. Okudo (1979) 6-9 SC 32; Military Governor of Ondo State vs. Adewunmi (1988) 3 NWLR (Pt.82) 280.

Section 294(1) of the Constitution (supra) applies to, Every Court established under this Constitution the 1999 Federal Constitution as amended is supreme and its provisions have binding force on all authorities throughout the Federal Republic of Nigeria. Tagging any determination of a trial Judge, or the appellate Justices as a ruling?, is a transgression or violation of Section 294(1)-(5) and 318(1) of the Constitution (supra).

?The word “determined” or “determination” was defined in Deduwa & Ors. vs. Okorodudu & Ors. (1976) NMLR 236 by Alexander, C.J.N. at page 243:

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:

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.

In Oaten vs. Auty (1919) 2 K.B. 278, Bray, J., at page 284 interprets the word determine as meaning make an end of the matter. In our own experience in this (Supreme) Court, we send a matter back to the High Court for a rehearing and determination; the word determination therein meaning ending of the matter.”

The appellants are Taroh by tribe. They pleaded that the land in dispute is situate at Shilur in Pil-Gani District. The respondents are members of the Fulani Community residing at all situate. Both parties agree however that the land in dispute is in Langtang North Local Government Area of Plateau State where the land in dispute is situate. When the parties could not resolve the controversy the appellants proceeded to the High Court of Justice of Plateau State holden at Langtang in Langtang North Local Government Area to institute this action on 16th May, 2011. Paragraphs 35 to 42 of the Joint Statement of Claim averred the following facts: