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CHUKWUNWIKE ORAEZUE v. GODWIN IGBONEME

(2017) JELR 37826 (CA)

Court of Appeal  •  CA/E/343/2013  •  16 Jun 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have tagged this determination decision rather than judgment so as to conform with the provisions of Section 294(2) (3) and 318(1) of the Constitution of the Federal Republic of Nigeria 1999 as altered. The provisions are couched thus;

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 all 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.

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318(1) Decision means, in the relation to a Court, any determination of that Court and includes…

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