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ALPHONSUS EGBOKA & ORS v. NZE CHARLES UMEAKUANA & ANOR

(2017) JELR 37971 (CA)

Court of Appeal  •  CA/E/365/2013  •  12 May 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): Section 294(2)-(3) of the Constitution of the Federal Republic of Nigeria, 1999 as altered reads as follows:

(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

The legislative intention is that any determination by a Justice of the Supreme Court or the Court of Appeal is either a decision or an opinion. It is a matter of choice. I have headed this determination decision to conform with the abov…

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