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MR. C.C. NWAFOR v. ANAMBRA STATE EDUCATION COMMISSION & ORS

(2017) JELR 38188 (CA)

Court of Appeal  •  CA/E/4/2009  •  27 Jan 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Any determination of a Justice of the Court of Appeal or the Supreme Court constitutes either an opinion or a decision under Sections 294(2)-(5) and 318(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended. The provisions are couched as follows:

294(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 Supr…

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