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MALAM HASSAN ALH. SAIDU & ANOR v. MALAM BUKAR HARUNA PELO OLA

(2016) JELR 41117 (CA)

Court of Appeal  •  CA/J/69M/2016(R)  •  29 Jun 2016  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; JOSEPH TINE TUR JCA;

Judgement

DECISION

JOSEPH TINE TUR, J.C.A.(Delivering the Lead Ruling):

I tagged this determination Decision by virtue of the provisions of Section 294(2)-(4) and Section 318(1) of the Constitution which defines a decision to means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation. A Ruling is omitted in the definition of decision under Section 318(1) of the Constitution (supra). What the framers of the Constitution omitted should not be inserted by trial Judges (Section 294(1)) or Justices of the Supreme Court or the Court of Appeal (Section 294(2)-(4) of the Constitution (supra).

In Davies v. Powell (1737) Willes, 46, Willes, C.J. once held at page 51 that, When the nature of things changes, the rules of law must change too.

In Jurisprudence, 4th edition by R.W.M. Diaz appears the following passage at page 196:

This is a truism in that the legislature and within limits, the Courts should change rules to keep the la…

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