MOHAMMAD DAN BORNO V. H.R.H. ALHAJI BAFFA DAMBAM

DECISION

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Every determination by a Justice of the Supreme Court or the Court of Appeal is, according to Section 294(2)-(4) read together with Section 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to be headed an opinion or a decision. The Constitution being supreme, its provisions have binding force on all authorities and persons, including appellate Court Justices throughout the Federal Republic of Nigeria. See Section 1(1) of the Constitution (supra). In Davies v. 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. In Jurisprudence, 4th edition, page 197 by Diaz, the learned author concurred 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.

For the above reasons I have tagged or headed this determination a decision to be in confor…