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ANINWAOBISI NGENE V. MBA OKOH & ANOR

(2018) JELR 38722 (CA)

Court of Appeal  •  CA/E/260/2012  •  6 Jun 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
G. Oforma Agbo, Esq. For Appellant Prince Charles Ibeh, Esq. with him, Nnamdi Eneje, Esq. For Respondent

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The determination of controversy by the Justices of the Court of Appeal in Nigeria are to be headed opinions or decisions by virtue of Section 294(2)-(5) the Constitution of the Federal Republic of Nigeria, 1999 as altered. The provisions are couched 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.

(4) For the purpose of delivering its decision under this section, the Supreme Co…

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