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AKUNWATA ONYEACHONAM OKOLONJI v. CHIEF A.C.I. MBANEFO & ANOR

(2017) JELR 38272 (CA)

Court of Appeal  •  CA/E/175A/2006  •  3 Feb 2017  •  Nigeria

Coram
JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Before I delve into a consideration of the substantive appeal, I shall draw attention to the provisions of Sections 294(1)-(5) read together with Section 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, th…

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