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MARTIN ONUCHUKWU v. THE STATE

(2017) JELR 38289 (CA)

Court of Appeal  •  CA/E/525C/2014  •  20 Jan 2017  •  Nigeria

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

Judgement

JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): This appeal was heard on 11th October, 2016 and adjourned for a decision to another date. I am aware of the provisions of Section 294(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended reads as follows:

(1) Every Court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.

My candid view of the provisions of Section 294(1) of the Constitution (supra) is that the Court of Appeal and the Supreme Court determines appeals on briefs of argument filed and exchanged by learned Counsel. The two appellate Courts do not hear evidence nor rely on final addresses of Counsel to render an opinion or a decision. There is no provision under Section 294(2)-(4) of the Constitution fo…

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