Sunday, 11 December 2016

On reading of judgment

Nyesom vs. Peterside (2016) 7 NWLR (Pt.1512) pp.539, paras: B-D. "Only the Judge or Judges who took part in the hearing of a case or application can take part in the writing and signing of the judgment or ruling of the court. In other words, a judicial officer of whatever jurisdiction who did not participate in Court proceedings in respect of a case has no legal right or capacity to write a judgement or opinion to determine the dispute between the parties to the case. If the judicial officer does so, the decision is a nullity because the court is not properly constituted. In this case, the member of the tribunal who did not take part in hearing the appellant's applications lacked the capacity to write, sign and deliver the tribunal's ruling of 9th September 2015." See also Sokoto State Govt. Vs. Kamdex (Nig.) Ltd. (Pt.1034) 466.

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