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THE STATE V. CHUKWUMA NWUZOR

(2018) JELR 38712 (CA)

Court of Appeal  •  CA/E/1C/2016  •  6 Jun 2018  •  Nigeria

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

Appearances
I.I. Alubo, DPP- MOJ, Ebonyi State with him, L.A. Ngene (Mrs) SSC; Aleo Irene (Miss)-Legal Officer, NYSC and Raymond Ijeomah, Legal Officer, NYSC For Appellant Mrs. C. Odili and Mrs. O.M. Onyekwuluje For Respondent

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Any determination of a controversy by the learned Justices of the Court of Appeal in Nigeria is either an opinion or a decision as provided in Sections 294(2)-(5) and 318(1) of the Constitution of the Federal Republic of Nigeria 1999 as altered to wit:

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) The purpose of delivering its decision under this Section, the Supreme Court, or the …

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